48-2605. Hearing on petition
A. At the time and place fixed for the hearing, or at the time and place to which
the board of supervisors adjourns the hearing from time to time, not exceeding four weeks
in all, and on the final hearing, the board shall make such changes in the proposed
boundaries as deemed advisable, and shall define and establish the boundaries. The board
shall not modify the boundaries in a manner that excludes from the proposed district any
territory which is susceptible of drainage by the same general system of works applicable
to the other lands in the proposed district, nor shall any lands which will not, in the
judgment of the board, be benefited generally or specially by drainage by means of the
system of works be included within the proposed district.
B. Any person whose lands are susceptible of drainage by the same general system of
works may, upon application, in the discretion of the board, have his lands included
within the proposed district.
C. Upon the hearing of the petition the board of supervisors shall determine
whether or not the petition complies with the requirements of sections 48-2601 through
48-2604, and for that purpose shall hear all competent and relevant evidence and
testimony offered in support or in opposition thereto. All decisions and determinations
made at the hearing shall be entered upon the minutes of the board of supervisors. The
minutes shall set forth and particularly describe the boundaries of the district as
determined by the board of supervisors and the boundaries so determined and set forth in
the minutes shall not be brought into question or set aside by any court except by appeal
in the manner provided in section 48-2606.
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