48-2941. Petition for inclusion of lands;
notice of hearing; payment of expenses of publishing
notice
A. The holder or holders of title or evidence of title representing a majority of
the acreage of any body of land adjacent to the boundary of an irrigation district, may
file with the board of directors of the district a petition in writing requesting that
such lands be included in the district.
B. The petition shall describe the parcels of land proposed to be included. The
filing of the petition shall be deemed consent of the petitioners to the inclusion in the
district of the lands owned by them, and the petition shall be acknowledged by one or
more of the signers thereof. If state lands are embraced in the petition the state land
commissioner may sign on behalf of the state, and no state lands shall be included in a
district nor be subject to irrigation district laws unless the petition is filed by the
state land commissioner, and in no event shall state lands become encumbered for any
debt, obligation or liability of any irrigation district.
C. The secretary of the board shall cause notice of filing of the petitions to be
given by publishing the notice once each week for three successive weeks in a newspaper
published in the county in which the office of the district is located. The notice shall
state that a petition for inclusion of lands adjacent to the boundaries of the irrigation
district has been filed, and shall give the names of the petitioners, a description of
the lands included in the petition and the request of the petitioners, and shall notify
all persons interested to appear at the office of the board at a time named in the notice
and show cause why the petition should not be granted. The time specified in the notice
for showing cause shall be the next regular meeting of the board after expiration of the
period for publication of notice.
D. The petitioner or petitioners shall, if required by the board of directors,
advance to the secretary sufficient money to pay the estimated cost of the publication of
such notice before the secretary shall be required to give such notice.
|