ยง180-7 - Determining feasibility of operation of district.
ยง180-7ย Determining feasibility of operationof district.ย The department of land and natural resources shall, within areasonable time thereafter, determine whether the operation of the proposeddistrict would be administratively practicable and feasible; provided that itshall not have the authority to determine in favor of the creation of thedistrict unless at least a majority of the votes cast in the referendum shallhave been cast in favor thereof.ย In making such determination and indetermining the need for a proposed district, the department shall give dueregard to the topography, composition of soils, distribution of erosion,prevailing land use practices within the proposed district, the probableexpense of carrying on erosion control operations within the district and otherrelevant geographical, physical, economic, and social factors.ย If thedepartment determines in favor of the creation of a district it shall makepublic the result of the election to elect directors.ย The three candidates whoreceive the largest number, respectively, of the votes cast in the election,shall be the elected directors for the district and the department shallappoint two directors to act with the three elected directors as the governingbody of the district. [L 1947, c 191, pt of ยง5; RL 1955, ยง28-10; am L Sp 19592d, c 1, ยง22; am L 1961, c 132, ยง2; am L 1967, c 145, ยงยง1, 2; HRS ยง180-7]