§ 14-93-106 - Hearing on petition and determination.
14-93-106. Hearing on petition and determination.
(a) (1) Upon the filing of a petition, it shall be the duty of the county clerk to present the petition to the county judge.
(2) The judge shall thereupon set a date and time, not later than ten (10) days after the date of the presentation of the petition to the judge, for a hearing, before the county court, for consideration of the petition.
(b) (1) At the hearing, it shall be the duty of the court to hear the petition and to ascertain whether those signing it constitute all the owners of the real property to be located in the district.
(2) (A) If the court determines that all the owners of the real property to be located in the district have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners named in the petition if commissioners are named therein and are property holders in the district.
(B) If the court finds that fewer than all the owners have signed the petition, it shall enter its order denying the petition.
(c) (1) Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, appeal must be taken and perfected within thirty (30) days after entry of the judgment.
(2) If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.
(d) (1) The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose.
(2) The district shall also receive a number to prevent its being confused with other districts formed for similar purposes.