24-303. Petition to be filed; bond; notice to persons owning lands.
24-303
24-303. Petition to be filed; bond; notice to persons owning lands. That before the county commissioners of any such county shall take anysteps toward locating or establishing any ditch, drain, or watercourse,there shall be filed with the county clerk a petition of one or morepersons owning lands adjacent to the line of any such proposed ditch,drain, or watercourse, setting forth the necessity of the same, with asubstantial description of its proposed starting point, route and terminus,and shall at the same time file a bond, with good and sufficient suretiesto the acceptance of said county clerk, conditioned to pay all expensesincurred in case the county commissioners shall refuse to grant the prayerof the petitioner. And thereupon the county clerk shall give notice to thecounty commissioners of the filing and pendency of said petition, and saidcounty commissioners shall immediately determine proceedings thereunder.And thereupon the petitioner or one of the petitioners shall cause noticein writing to be given to the owner or one of the owners of each tract ofland sought to be affected by said proceedings, of the filing and pendencyof said petition; said notice to state substantially the prayer of saidpetition, the time and place when and where the same will be for hearing bythe said board of county commissioners, but nothing in this section shallbe taken to prevent the petitioner from giving printed notices if he orthey 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 board of county commissioners, being notified,shall order such notice as is contemplated in this section to be given tothe person or persons succeeding to the right of such deceased party orparties.
History: L. 1886, ch. 161, § 2; Feb. 24; R.S. 1923, 24-303.