68-701. Petition of resident landowners; publication of order; time for actions to restrain; supplemental petitions; state lands.
68-701
68-701. Petition of resident landowners; publication of order; timefor actions to restrain; supplemental petitions; state lands.When a petition requesting the permanent improvement of one or more roadsof benefit to the benefit district is filed in accordance with this section,the board of county commissioners may cause such roads to be improved asrequested in the petition. Such petition shall be signed by (a) 51%of the resident landownersowning at least 35% of the land within the district, (b) 35% of the residentlandowners owning 51% of the land within the district or (c) theowners of 60% of the land within the district. The petition shall be filedwith the board of county commissioners of the countywhere such road or roads are located. Nothing in this actshall prevent completion of benefit district roads for which petitionshave been approved or construction is under way at the time this act ispassed. Before the improvements requested in the petition areordered by the county commissioners, the commissioners shall, by order,find the improvements to be of public utility, and the county clerk shallpublish such order once in the official county paper. Noaction shall be brought to restrain the making of such improvements,payment therefor or levy of taxes or special assessments or issuance ofbonds therefor on the grounds of an illegality in thepetition, inany proceedings prior to the order or in theorder unless suchaction is commenced within 30 days after the date of the order. Theboard of county commissioners shall set a time and place to meet toconsider the petition for road improvements and shall give notice of thetime and place of suchmeeting by publication once in the official county paper and by certifiedmail to the owners of the property adjoining the road, at the address wherethe owner's tax statement is sent. Publication and mailing of the noticeshall be not less than 10 days prior to thedate of the meeting.
Thirty days after the filing of a petition with the board ofcommissioners no signer thereon shall be permitted to withdraw the signer'sname therefrom. After any petition has been signed by the legalowner of any land in the benefit district the change of ownership of thelands does not affect the petition. Additional or supplementalpetitions may be filed with the county clerk at any time before thecontract is let for the improvements.
In any case where the owners of lands affected by the provisions ofthis act are tenants in common, each cotenant shall be a legalpetitioner in an amount equal to the cotenant'sundivided interest in the tract of land. The owner of a life estate shallbe deemed a legalowner for the purposes of this act. Guardians of minors or ofincapacitated persons may petition for their wards when authorized by the districtcourt so to do. "Resident landowner," as used herein, means anylandowner residing in the county, and owning land in the benefitdistrict.
The governor may sign a petition on behalf of the state forany land owned by the state and located within the benefit district.Any land owned by the state shall be liable for its share of the cost of roadimprovements by a road improvement district and the state treasurer may pay allassessments against the land for such purposes from any funds in thestate treasury not otherwise appropriated.
History: L. 1909, ch. 201, § 1; L. 1917, ch. 265, § 1; L.1919, ch. 246, § 1; R.S. 1923, 68-701; L. 1933, ch. 242, § 1; L. 1976,ch. 145, § 230; L. 1981, ch. 173, § 71; July 1.