48-950
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48-950. Proof of notice; definition A. Unless otherwise provided by this article, proof of mailing, of publication, or of posting resolutions or notices shall be made by affidavit of the person required to make the mailing or publication or do the posting. The affidavit shall state the manner of mailing, publication or posting, and the dates thereof, shall have attached thereto a copy of the publication or notice that was mailed or posted, and shall be filed in the office of the clerk. B. An affidavit prepared pursuant to this section is prima facie proof of the posting, publication or mailing described. The failure of any person to receive a mailed notice does not affect the validity of any notice that was mailed as prescribed by this article. The failure to mail a notice to one or more persons does not affect any notices mailed to other persons. An error or informality in a notice does not invalidate other portions of a notice. C. The costs of mailing and publishing provided in this section shall be a valid incidental expense pursuant to section 48-927, subsection E. D. In addition to any notice required to be mailed, the board of directors, at its sole option, may also publish the notice in a newspaper of general circulation in the area in which the district is located. E. If any state lands are included in the district all notices shall be mailed to the state land commissioner. F. For purposes of this section, the terms "mail", "mailed" or "mailing" means deposit of the notice or document with the United States postal service first class postage prepaid. |