Petitions--notice--remonstrances, order of county commission.
233.175. 1. Whenever a petition, signed by the owners of amajority of the acres of land within a district proposed to beorganized, and setting forth the proposed name of the district,and giving the boundaries thereof and the number of acres ownedby each signer of such petition, and the whole number of acresembraced therein, and the names of other owners of land withinsuch boundaries so far as known, and the number of acres owned byeach so far as known, and praying for the organization of apublic road district in accordance with sections 233.170 to233.315, shall be filed in the office of the clerk of the countycommission thirty days before the beginning of the next regularterm of said commission, the said clerk shall give notice by atleast three publications in some weekly newspaper printed in thecounty and by at least five handbills put up at public placeswithin the district of the presentation of said petition, and ofthe date of the beginning of the next regular term of the countycommission at which the same may be heard. Said notices shallcontain the names of at least three signers of said petition andset out the boundaries of said proposed district, and shallnotify all owners of land in the then existing district who maydesire to oppose the formation thereof to appear on the first dayof such regular term of the county commission and file theirwritten remonstrance thereto.
2. All landowners owning land in the then existing districtmay join in one remonstrance, or each such owner may file hisseparate remonstrance, and each remonstrance shall be in writing,and shall state specifically and separately the objection orobjections of the remonstrators to the formation of such proposedroad district, and shall be filed in said county commission withthe clerk thereof on or before the first day of said regularterm.
3. On the first day of said term of the county commission,or as soon thereafter as its business will permit, the countycommission shall hear such petition and remonstrance, and shallmake any change in the boundaries of such proposed district asthe public good may require and make necessary, and if after suchchanges are made it shall appear to the county commission thatsuch petition is signed or in writing consented to by the ownersof a majority of all the acres of land within the district as sochanged, the county commission may, if in its discretion it findsthat the public good will be benefited, make an orderincorporating such public road district, and such order shall setout the boundaries of such district as established. If noremonstrance shall have been filed, or all remonstrances filedare overruled by the county commission, the commission shalldetermine whether such petition has been signed by the owners ofa majority of the acres of land in the district, and if so, shallmake an order incorporating the district with the boundariesgiven in the petition, or with such boundaries as may be setforth in an amended petition signed by the owners of a majorityof the acres of land affected thereby; and such amended petitionmay be filed at any time before the making of the orderestablishing a road district, but the boundaries proposed for thedistrict shall not be so changed as to embrace any land notincluded in the notice given by the clerk unless the ownerthereof shall in writing consent thereto, or shall appear at thehearing, and is notified in an open meeting of the countycommission of such fact and given an opportunity to file or joinin a remonstrance.
4. Whenever an order is so made incorporating a public roaddistrict such district shall thereupon become, by the namementioned in such order, a political subdivision of the state forgovernmental purposes with all the powers mentioned in thissection and such others as may be conferred by law.
Petitions--notice--remonstrances, order of county commission.
233.175. 1. Whenever a petition, signed by the owners of amajority of the acres of land within a district proposed to beorganized, and setting forth the proposed name of the district,and giving the boundaries thereof and the number of acres ownedby each signer of such petition, and the whole number of acresembraced therein, and the names of other owners of land withinsuch boundaries so far as known, and the number of acres owned byeach so far as known, and praying for the organization of apublic road district in accordance with sections 233.170 to233.315, shall be filed in the office of the clerk of the countycommission thirty days before the beginning of the next regularterm of said commission, the said clerk shall give notice by atleast three publications in some weekly newspaper printed in thecounty and by at least five handbills put up at public placeswithin the district of the presentation of said petition, and ofthe date of the beginning of the next regular term of the countycommission at which the same may be heard. Said notices shallcontain the names of at least three signers of said petition andset out the boundaries of said proposed district, and shallnotify all owners of land in the then existing district who maydesire to oppose the formation thereof to appear on the first dayof such regular term of the county commission and file theirwritten remonstrance thereto.
2. All landowners owning land in the then existing districtmay join in one remonstrance, or each such owner may file hisseparate remonstrance, and each remonstrance shall be in writing,and shall state specifically and separately the objection orobjections of the remonstrators to the formation of such proposedroad district, and shall be filed in said county commission withthe clerk thereof on or before the first day of said regularterm.
3. On the first day of said term of the county commission,or as soon thereafter as its business will permit, the countycommission shall hear such petition and remonstrance, and shallmake any change in the boundaries of such proposed district asthe public good may require and make necessary, and if after suchchanges are made it shall appear to the county commission thatsuch petition is signed or in writing consented to by the ownersof a majority of all the acres of land within the district as sochanged, the county commission may, if in its discretion it findsthat the public good will be benefited, make an orderincorporating such public road district, and such order shall setout the boundaries of such district as established. If noremonstrance shall have been filed, or all remonstrances filedare overruled by the county commission, the commission shalldetermine whether such petition has been signed by the owners ofa majority of the acres of land in the district, and if so, shallmake an order incorporating the district with the boundariesgiven in the petition, or with such boundaries as may be setforth in an amended petition signed by the owners of a majorityof the acres of land affected thereby; and such amended petitionmay be filed at any time before the making of the orderestablishing a road district, but the boundaries proposed for thedistrict shall not be so changed as to embrace any land notincluded in the notice given by the clerk unless the ownerthereof shall in writing consent thereto, or shall appear at thehearing, and is notified in an open meeting of the countycommission of such fact and given an opportunity to file or joinin a remonstrance.
4. Whenever an order is so made incorporating a public roaddistrict such district shall thereupon become, by the namementioned in such order, a political subdivision of the state forgovernmental purposes with all the powers mentioned in thissection and such others as may be conferred by law.
Petitions--notice--remonstrances, order of county commission.
233.175. 1. Whenever a petition, signed by the owners of amajority of the acres of land within a district proposed to beorganized, and setting forth the proposed name of the district,and giving the boundaries thereof and the number of acres ownedby each signer of such petition, and the whole number of acresembraced therein, and the names of other owners of land withinsuch boundaries so far as known, and the number of acres owned byeach so far as known, and praying for the organization of apublic road district in accordance with sections 233.170 to233.315, shall be filed in the office of the clerk of the countycommission thirty days before the beginning of the next regularterm of said commission, the said clerk shall give notice by atleast three publications in some weekly newspaper printed in thecounty and by at least five handbills put up at public placeswithin the district of the presentation of said petition, and ofthe date of the beginning of the next regular term of the countycommission at which the same may be heard. Said notices shallcontain the names of at least three signers of said petition andset out the boundaries of said proposed district, and shallnotify all owners of land in the then existing district who maydesire to oppose the formation thereof to appear on the first dayof such regular term of the county commission and file theirwritten remonstrance thereto.
2. All landowners owning land in the then existing districtmay join in one remonstrance, or each such owner may file hisseparate remonstrance, and each remonstrance shall be in writing,and shall state specifically and separately the objection orobjections of the remonstrators to the formation of such proposedroad district, and shall be filed in said county commission withthe clerk thereof on or before the first day of said regularterm.
3. On the first day of said term of the county commission,or as soon thereafter as its business will permit, the countycommission shall hear such petition and remonstrance, and shallmake any change in the boundaries of such proposed district asthe public good may require and make necessary, and if after suchchanges are made it shall appear to the county commission thatsuch petition is signed or in writing consented to by the ownersof a majority of all the acres of land within the district as sochanged, the county commission may, if in its discretion it findsthat the public good will be benefited, make an orderincorporating such public road district, and such order shall setout the boundaries of such district as established. If noremonstrance shall have been filed, or all remonstrances filedare overruled by the county commission, the commission shalldetermine whether such petition has been signed by the owners ofa majority of the acres of land in the district, and if so, shallmake an order incorporating the district with the boundariesgiven in the petition, or with such boundaries as may be setforth in an amended petition signed by the owners of a majorityof the acres of land affected thereby; and such amended petitionmay be filed at any time before the making of the orderestablishing a road district, but the boundaries proposed for thedistrict shall not be so changed as to embrace any land notincluded in the notice given by the clerk unless the ownerthereof shall in writing consent thereto, or shall appear at thehearing, and is notified in an open meeting of the countycommission of such fact and given an opportunity to file or joinin a remonstrance.
4. Whenever an order is so made incorporating a public roaddistrict such district shall thereupon become, by the namementioned in such order, a political subdivision of the state forgovernmental purposes with all the powers mentioned in thissection and such others as may be conferred by law.
