54-12-108. Contents of petition Hearing Publication for landowner defendants.
(a) The court shall set a day for a hearing, and direct publication be made for all landowners set out in the petition who are not petitioners, when:
(1) A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, and shows that sixty percent (60%) in acres of the land within the boundaries of the district sought to be created is owned by the petitioners;
(2) The petition is accompanied by a general plat, and a general description of the district sought to be created;
(3) A description by surrounding landowners is given in the petition of the respective tracts of land, within the bounds, and the names of the owners of the tracts who are not petitioners, are set out in the petition;
(4) The petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to that stage in the proceedings where the report of the commissioners for the assessment of benefits has been filed and confirmed; and
(5) The monthly county court deems it expedient that provisions should be made for a fund to cover the preliminary costs and expenses.
(b) Publication shall be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify the landowners of the pending suit, and the prayer for the creation of a fund to pay the preliminary costs and expenses, and the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.
54-12-108. Contents of petition Hearing Publication for landowner defendants.
(a) The court shall set a day for a hearing, and direct publication be made for all landowners set out in the petition who are not petitioners, when:
(1) A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, and shows that sixty percent (60%) in acres of the land within the boundaries of the district sought to be created is owned by the petitioners;
(2) The petition is accompanied by a general plat, and a general description of the district sought to be created;
(3) A description by surrounding landowners is given in the petition of the respective tracts of land, within the bounds, and the names of the owners of the tracts who are not petitioners, are set out in the petition;
(4) The petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to that stage in the proceedings where the report of the commissioners for the assessment of benefits has been filed and confirmed; and
(5) The monthly county court deems it expedient that provisions should be made for a fund to cover the preliminary costs and expenses.
(b) Publication shall be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify the landowners of the pending suit, and the prayer for the creation of a fund to pay the preliminary costs and expenses, and the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.
54-12-108. Contents of petition Hearing Publication for landowner defendants.
(a) The court shall set a day for a hearing, and direct publication be made for all landowners set out in the petition who are not petitioners, when:
(1) A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, and shows that sixty percent (60%) in acres of the land within the boundaries of the district sought to be created is owned by the petitioners;
(2) The petition is accompanied by a general plat, and a general description of the district sought to be created;
(3) A description by surrounding landowners is given in the petition of the respective tracts of land, within the bounds, and the names of the owners of the tracts who are not petitioners, are set out in the petition;
(4) The petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to that stage in the proceedings where the report of the commissioners for the assessment of benefits has been filed and confirmed; and
(5) The monthly county court deems it expedient that provisions should be made for a fund to cover the preliminary costs and expenses.
(b) Publication shall be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify the landowners of the pending suit, and the prayer for the creation of a fund to pay the preliminary costs and expenses, and the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.
