§ 14-125-603 - Court approval of plan based on preliminary survey and report prepared with agency assistance.
14-125-603. Court approval of plan based on preliminary survey and report prepared with agency assistance.
(a) If the plan adopted by the board and filed with the clerk of the court is based on, and accompanied by, a preliminary survey and report prepared with the assistance of a federal or state agency, which sets forth the purpose of the plan, delineates the area to be benefited, describes the general nature of the works of improvement, the necessity, feasibility, and estimated cost thereof, with such reasonable detail and definiteness that the court may understand therefrom the purpose, utility, feasibility, and need therefor, and if the court deems it to be in the best interests of the owners of land within the proposed project area, the court may, without the appointment of an engineer, hold a hearing in the manner provided in 14-125-602. If, after the hearing, the court deems it to be in the best interests of the owners of land within the proposed project area, it shall enter an order approving the plan and establishing the project area described therein, subject to the filing of a final work plan with the court.
(b) When completed, the final work plan shall be filed by the board of directors, together with a map showing the location of the proposed improvements and an estimate of the costs thereof, with the court as a supplement to the preliminary survey and report, and if the court deems it to be in the best interests of the landowners of the project area, it shall enter an order approving such final plan as the improvement plan for the improvement project area delineated in such final plan.
(c) If the final work plan includes in the project area lands in addition to those included in the project area in the preliminary survey and report, the court shall, before entering an order approving the plan as the improvement plan for the project area described therein, hold a hearing with respect to the additional lands in the manner provided in 14-125-602, and make a determination as to whether the improvement plan is in the best interests of the owners of land within the modified project area described therein.