24-603. Objections of landowners heard by district court; finding of fact; exclusion of land not benefited.
24-603
24-603. Objections of landowners heard by district court; finding offact; exclusion of land not benefited.(a) All owners of real estate in the district who have not signedthe articles of association and who may object to the organization ofthe drainage district, after having been duly summoned, on or before theday they have been summonedto appear,shall file their objections, in writing, to the organization ofthe drainage district and why their land will not be benefited bydrainage and should not be embraced in the the drainage district, andliable for taxation for the draining of the same.All such objectionsshall be heard by the court in a summary manner, without any unnecessarydelay, and in case such objections are overruled, the district court shall,by its order duly entered of record, duly declare the drainage district apublic corporation of this state with perpetual succession.
(b) The fact that thedistrict contains 160 acres ormore of wet, overflowed or submerged lands shall be sufficient cause fordeclaring the public utility of the improvements, and shall be sufficientgrounds for declaring the organization a public corporation of thisstate. If any owner of real estatesatisfies the court that the owner'sreal estate, or any part thereof, has been wrongfully included inthe district, and will not be benefited thereby, then the court may excludesuch real estate as will not be benefited and declare the remainder adistrict.
History: L. 1911, ch. 168, § 3; R.S. 1923, 24-603; L. 1983, ch.118, § 15;L. 2007, ch. 190, § 5; July 1.