15-1122.   Same; effect of resolution, order and election; landowner maypetition court; proceedings.The land area described in such resolution and order shall constitutethe drilling unit, and the approval of the proposal to drill such gas well,as evidenced by the result of said election, shall operate as a consent ofall owners of natural gas underlying that portion of said drilling unitlying within the corporate limits of said city to the taking of such gas bysaid city and shall entitle the city to an acreage allowable equal to thenumber of acres lying within the corporate limits of said city and includedin said drilling unit: Provided, however, That any owner of landsituated within the corporate limits of said city feeling aggrieved by theinterests and authority granted to said city by this act and by theapproval of the proposal submitted at said election, may within ninety daysafter the date of said election, petition the district court of the countyin which said city is located setting out any facts tending to show thatsuch action will work undue hardship or operate inequitably as to the saidpetitioner.

      Copy of the petition and of a summons shall be served upon the mayor ofthe city and the city shall within twenty days thereafter file answerthereto, and the cause shall be heard and determined by the court as aproceeding in equity, and the court shall find the facts and make suchorders and enter such decree in the premises as the law and equities of thecase require and in case the court finds in favor of the petitioner, theacreage owned by said petitioner shall be excluded from said drilling unitand the acreage allowable for natural gas production to said city shall bereduced accordingly. Any owner of land or mineral rights situated withinthe corporate limits of said city and included in said drilling unit whoshall fail to petition the district court as herein authorized and have adetermination of his or her rights, if any, shall thereafter be foreverbarred.

      History:   L. 1947, ch. 171, § 5; April 9.