Objections to petition for consolidation may be filed--proceedings.
243.470. 1. Any owner of real estate or other property insaid proposed district objecting to the organization andincorporation of said drainage district, who did not sign thepetition, shall, on or before the first day of the term of courtat which the cause is to be heard, file his objection orobjections to the organization and incorporation of anyconsolidated drainage district.
2. Such objection or objections shall be limited to a denialof the statements in the petition, and shall be heard by thecourt in a summary manner, without unnecessary delay, and if thepetition is signed by the owners of a majority of the acreage ofland in the proposed consolidated district, then it will be theduty of the court to grant the prayer of the petition andorganize and incorporate the district as in the case oforganizing and incorporating a district in the first instanceunder sections 242.010 to 242.690, RSMo. But if such petitionshall be signed only by the owners of less than one-half of theacres of land in such district or districts, then it shall bediscretionary with the court whether the prayer of the petitionbe or be not granted. If the said petition be verified by one ormore signers, it shall be prima facie evidence of the statementsand allegations therein contained. Any person having signed thepetition shall have no right to have said proceedings dismissedas to him without the written consent of the majority in acreageof the owners who signed the petition. The petition may beamended as any other pleading.
3. Within sixty days after the said district has beendeclared a corporation by the court, the clerk thereof shalltransmit to the secretary of state a certified copy of thefindings and decree of the court incorporating said district, andthe same shall be filed in the office of the secretary of statein the same manner as articles of incorporation are now requiredto be filed under the general law concerning corporations. Acopy of said findings and decree, together with a plat of thedistrict, shall also be filed in the office of the countyrecorder in each of the counties having lands and other propertyin said district, where the same shall become a permanent record,and each such recorder shall receive a fee of one dollar forfiling and preserving the same.
4. Thereafter such proceedings shall be had as is providedby sections 242.010 to 242.690, RSMo. This chapter shall not beconstrued to be repugnant to, in conflict with, or as repealingany other law or laws of this state relating to the organizationor incorporation of levee or drainage districts; but shall beheld and construed to be cumulative thereto.
Objections to petition for consolidation may be filed--proceedings.
243.470. 1. Any owner of real estate or other property insaid proposed district objecting to the organization andincorporation of said drainage district, who did not sign thepetition, shall, on or before the first day of the term of courtat which the cause is to be heard, file his objection orobjections to the organization and incorporation of anyconsolidated drainage district.
2. Such objection or objections shall be limited to a denialof the statements in the petition, and shall be heard by thecourt in a summary manner, without unnecessary delay, and if thepetition is signed by the owners of a majority of the acreage ofland in the proposed consolidated district, then it will be theduty of the court to grant the prayer of the petition andorganize and incorporate the district as in the case oforganizing and incorporating a district in the first instanceunder sections 242.010 to 242.690, RSMo. But if such petitionshall be signed only by the owners of less than one-half of theacres of land in such district or districts, then it shall bediscretionary with the court whether the prayer of the petitionbe or be not granted. If the said petition be verified by one ormore signers, it shall be prima facie evidence of the statementsand allegations therein contained. Any person having signed thepetition shall have no right to have said proceedings dismissedas to him without the written consent of the majority in acreageof the owners who signed the petition. The petition may beamended as any other pleading.
3. Within sixty days after the said district has beendeclared a corporation by the court, the clerk thereof shalltransmit to the secretary of state a certified copy of thefindings and decree of the court incorporating said district, andthe same shall be filed in the office of the secretary of statein the same manner as articles of incorporation are now requiredto be filed under the general law concerning corporations. Acopy of said findings and decree, together with a plat of thedistrict, shall also be filed in the office of the countyrecorder in each of the counties having lands and other propertyin said district, where the same shall become a permanent record,and each such recorder shall receive a fee of one dollar forfiling and preserving the same.
4. Thereafter such proceedings shall be had as is providedby sections 242.010 to 242.690, RSMo. This chapter shall not beconstrued to be repugnant to, in conflict with, or as repealingany other law or laws of this state relating to the organizationor incorporation of levee or drainage districts; but shall beheld and construed to be cumulative thereto.
Objections to petition for consolidation may be filed--proceedings.
243.470. 1. Any owner of real estate or other property insaid proposed district objecting to the organization andincorporation of said drainage district, who did not sign thepetition, shall, on or before the first day of the term of courtat which the cause is to be heard, file his objection orobjections to the organization and incorporation of anyconsolidated drainage district.
2. Such objection or objections shall be limited to a denialof the statements in the petition, and shall be heard by thecourt in a summary manner, without unnecessary delay, and if thepetition is signed by the owners of a majority of the acreage ofland in the proposed consolidated district, then it will be theduty of the court to grant the prayer of the petition andorganize and incorporate the district as in the case oforganizing and incorporating a district in the first instanceunder sections 242.010 to 242.690, RSMo. But if such petitionshall be signed only by the owners of less than one-half of theacres of land in such district or districts, then it shall bediscretionary with the court whether the prayer of the petitionbe or be not granted. If the said petition be verified by one ormore signers, it shall be prima facie evidence of the statementsand allegations therein contained. Any person having signed thepetition shall have no right to have said proceedings dismissedas to him without the written consent of the majority in acreageof the owners who signed the petition. The petition may beamended as any other pleading.
3. Within sixty days after the said district has beendeclared a corporation by the court, the clerk thereof shalltransmit to the secretary of state a certified copy of thefindings and decree of the court incorporating said district, andthe same shall be filed in the office of the secretary of statein the same manner as articles of incorporation are now requiredto be filed under the general law concerning corporations. Acopy of said findings and decree, together with a plat of thedistrict, shall also be filed in the office of the countyrecorder in each of the counties having lands and other propertyin said district, where the same shall become a permanent record,and each such recorder shall receive a fee of one dollar forfiling and preserving the same.
4. Thereafter such proceedings shall be had as is providedby sections 242.010 to 242.690, RSMo. This chapter shall not beconstrued to be repugnant to, in conflict with, or as repealingany other law or laws of this state relating to the organizationor incorporation of levee or drainage districts; but shall beheld and construed to be cumulative thereto.
