48-1033

48-1033. Notice

A. The clerk shall execute a notice which shall read substantially as follows:

To whom it may concern:

The board of supervisors of _______________ county, on (date) ,
adopted the attached resolution declaring its intention to form a tax levying
rural road improvement district. A hearing on formation will be held
on (date) , at (time) at (location) . All persons
owning or claiming an interest in property in the proposed district who object
to the inclusion of their land in the district, to the formation of the
district or to the proposed improvements must file a written objection with
the undersigned at the following address before the time set for the hearing.

(Date) ________________________

_______________________________

Clerk

_______________________________

Address

_______________________________

County

B. A copy of the resolution declaring the board of supervisor's intention to form
the district shall be attached to the notice and the clerk shall cause a copy to be
mailed to the owners of real property in the proposed district as shown on the most
recently certified property tax assessment roll and to all other persons claiming an
interest in the property who have requested a copy of the notice. The clerk shall also
publish a copy of the notice and resolution at least once in a newspaper of general
circulation in the county. The mailing and publication shall be completed at least
twenty days before the date set for hearing. The clerk shall execute an affidavit of
mailing stating the date of mailing and the names and addresses of the persons to whom
the notices and copies of the resolutions were mailed. The clerk shall obtain an
affidavit from the publisher of the newspaper in which the publication was made. The
clerk shall cause both affidavits to be placed in the official records of the
county. The affidavits are conclusive evidence of the mailing and publishing of
notice. Notice shall not be held invalid for failure of delivery to the addressee.

C. If the clerk is informed that the person listed on the assessment roll is no
longer the owner and the name and address of the successor owner become known, the clerk
shall cause a copy of the notice and resolution to be mailed to the successor owner as
soon as practicable after learning of the change of ownership.