24-615. Powers and duties of board upon hearing objections to report; no appeal, when; board may modify decision.
24-615
24-615. Powers and duties of board upon hearing objections to report;no appeal, when; board may modify decision.At the time and place fixed in said notice the board of supervisorsshall meet for the hearing of the objections. If they find that due noticehas not been given as required by this act, they shall continue the hearingto a date to be fixed by them, and order the publication of the notice ashereinbefore provided, and when they find that due notice has been given,they shall proceed to hear any objection or objections that may have beenfiled upon which an issue has been made, and for that purpose shall havethe power to subpoena, swear and examine witnesses and to do all thingsnecessary and incidental to a proper hearing and adjudication of said issueand shall examine the maps, profiles, plans and reports of said engineerand the items of the estimated cost of the drainage improvementrecommended, and the classification of the land and property in saiddistrict and the assessment of the benefits to the same as proposed by saidengineer.
After due consideration of all the evidence before them the said boardof supervisors shall have power to adopt, amend, modify or reject the planfor the reclamation and protection of the land and property in saiddistrict recommended by the said engineer and to determine the location,character and extent of the work and improvement necessary to be undertakenby said district and estimate the cost thereof. From the decision of thesaid board on these matters no appeal will lie, but upon a proper showingat any time thereafter the said board may modify their order should such amodification be necessary to promote the welfare of the drainage district.The drainage board shall also have the power to establish theclassification of the lands and property, and to determine and adjudicatethe total amount of benefit that will accrue to each lot, tract, or parcelof land or other property in said district from the drainage improvement.
If an objection is overruled, the board may approve and confirm ormodify the report as to the property affected, but if the objections aresustained the board may amend, or modify the report in any particular, andif they find that said classification or assessment of benefits to the landand other property to be in any respects inequitable either less than or inexcess of the benefits accruing to said lands and property from saiddrainage improvements or in any particular unfair and unjust, they shall soorder, and they shall thereupon so amend, adjust and equalize the saidclassification and benefits as may appear fair, just and equitable to them.And when said board has in said manner adjusted, equalized and determinedthe classification of and assessment of total benefits to the lands andother property in said district as above required they shall enter an orderconfirming the same: Provided, That all pleadings and other papersfiled in the matter of said hearing shall be filed with the secretary ofsaid board of supervisors and subpoenas and other process shall be issuedby said secretary and the secretary shall be empowered to administer oathsto witnesses and to certify to records and papers under the seal of saiddrainage district.
History: L. 1911, ch. 168, § 15; May 22; R.S. 1923, 24-615.