24-202. Petition for work; bond; notice to property owners; ditch through two or more townships.
24-202
24-202. Petition for work; bond; notice to property owners; ditchthrough two or more townships.That before the township trustee of any such township shall take anysteps toward locating or establishing any ditch, drain, or watercourse,there shall be filed with the township clerk a petition of one or morepersons owning land adjacent to the line of any such proposed ditch, drain,or watercourse, setting forth the necessity of the same, with a substantialdescription of its proposed starting point, route, and terminus, and shallat the same time file a bond, with good and sufficient sureties to theacceptance of said township clerk, conditioned to pay all expenses incurredin case the trustee shall refuse to grant the prayer of the petitioner. Andthereupon the township clerk shall give notice to the township trustee ofthe filing and pendency of said petition, and said trustee shallimmediately determine his proceedings thereunder. And thereupon thepetitioner, or one of the petitioners, shall cause notice in writing to begiven to the owner, or one of the owners, of each tract of land sought tobe affected by said proceedings of the filing and pendency of saidpetition, said notice to state substantially the prayer of said petition,the time and place when and where the same will be for hearing by thetownship trustee; but nothing in this section shall be taken to prevent thepetitioner from giving printed notices if he or they desire.
If any person owning lands sought to be affected by said proceedings bea nonresident of the county, a notice such as is contemplated by thissection shall be given him by publication for two consecutive weeks in somenewspaper published or of general circulation in said county. The death ofany party or parties in interest shall not work an abatement of proceedingsunder this act; but the trustee, being notified, shall order such notice asis contemplated in this section to be given to the person or personssucceeding to the right of such deceased party or parties: Providedfurther, That where any ditch may be located and established through aportion of any two townships within the same county, or where benefit ordamage shall attach to lands situate in the same, the trustees of suchtownships shall constitute a joint board for such proceedings, and in suchcase the petition shall be filed with and the record be kept by the clerkof the township through which the greater portion of such ditch may run;and in all other respects such joint board shall have the same powers andauthority that the township trustee has under this act.
History: L. 1879, ch. 100, § 2; March 26; R.S. 1923, 24-202.