48-2982
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48-2982. Powers of board in legal proceedings; judicial notice of district; exception A. The board of directors may, in the name of the district, institute, maintain, prosecute and defend any proceedings and any actions, civil or criminal, necessary to carry out the provisions of this chapter or enforce, maintain, protect or preserve any right, privilege or immunity of the district created by this chapter or acquired in pursuance thereof. In all courts, actions or proceedings the district may sue, appear and defend by agents or attorneys. B. Judicial notice shall be taken in all actions and proceedings in any court of this state of the organization and existence of any irrigation district of the state from the time of recording in the office of the county recorder the certified copy of the order of the board of supervisors declaring the election and organization of such district. A copy of the order certified by the county recorder shall be conclusive evidence in all actions and proceedings in any court of this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth, except in a proceeding in quo warranto instituted within one year from the date of such recording. If the proceeding in quo warranto is not commenced within one year after such recording, the legality or regularity of the formation or organization of the district shall not thereafter be questioned in any action or proceeding. |