40-345

40-345. Procedure for making and hearing
protests and objections and withdrawing signatures

In determining protests, withdrawals of signatures and objections, the corporation
commission, the board of supervisors or the city or town council shall be guided by the
following rules:

1. Each paper containing signatures shall have attached thereto an affidavit of an
owner of real estate within the proposed underground conversion service area, stating
that each signature was affixed in his presence and is the signer's genuine signature.

2. The protest or objection shall be counted only for the property described as
belonging to the signer, and a signature without the description shall not be counted.

3. The signature of one co-tenant or, if community property, the signature of
either spouse, shall be sufficient for a protest or a withdrawal of signature from a
petition of owners.

4. A protest, withdrawal of signature from petition of owners or objection signed
by a guardian, executor, administrator or trustee shall be valid without an order of
court therefor.

5. A protest, withdrawal of signature from petition of owners or objection by a
person in possession under contract of purchase shall be valid.

6. When several persons have a claim to or an interest in property, the signature
of any of them shall be sufficient unless questioned by another having such claim or
interest, whereupon the wishes of the person legally entitled to possession of the
property at the date of the protest shall control.

7. A protest, withdrawal of signature from petition of owners or objection signed
by an agent or attorney-in-fact shall be disregarded unless the authority of the agent
has been recorded with the county recorder, or written or telegraphic authority is
attached to the protest, withdrawal of signature from petition of owners or objection
before expiration of the time for filing the protest, withdrawal or objection.

8. A signature may be withdrawn from a protest or objection by filing the
withdrawal with the clerk of the city or town council or the clerk of the board of
supervisors or the corporation commission, as the case may be, at or before five o'clock
p.m. of the last day set for the filing of protests.

9. An objection to the signature of a co-tenant, spouse, claimant or person
interested may be filed, and the authority of an agent or attorney-in-fact questioned, at
any time before the city or town council, the board of supervisors or the corporation
commission finally passes upon the sufficiency of the protest, but the authority of an
agent or attorney-in-fact may not be revoked as to the signature after the expiration of
the protest period.