48-1706. Application for inclusion of
additional lands prior to organization of district; condition
precedent to application
A. All persons who have not been included in the proposed district may appear
before the board of supervisors as parties interested in and affected by the organization
of the district and may request that their lands be included. If the land thus sought to
be included in the district is patented or fee lands and the owners so petition, the
lands thus proposed shall be included by the board if it can be done without materially
increasing the cost of service. The board shall take into account the shape of the
proposed parcel or parcels, whether service can equitably be rendered to users in the
territory and all other circumstances having a bearing on the right of including such
lands.
B. No application for inclusion shall be considered unless the lands are all
patented or held in fee, and all the owners join in the application, but with reference
to parcels when less than all owners join in the application, the applications shall be
made under the provisions of this chapter relating to inclusion of lands after the
organization has been completed as requested in the original petition.
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