51-33-95 - Dissolution of district without construction; proceedings; chancery court jurisdiction.
§ 51-33-95. Dissolution of district without construction; proceedings; chancery court jurisdiction.
The said chancery court, or the chancellor thereof in vacation, shall take jurisdiction of said cause and shall hear the same on the return day thereof in the same manner as other causes in chancery. If upon the hearing of said cause it appear that it is to the best interests of the landowners of said drainage district that said district be dissolved, the said court or chancellor shall thereupon enter an order dissolving the said drainage district, and requiring and decreeing that no further expenses or indebtedness be incurred or contracted by the commissioners of said drainage district. Said commissioners of said drainage district shall immediately and within ten days thereafter deposit with the clerk of the said court in which said proceedings are pending all papers, records, and documents of the said drainage district.
If it shall appear that it is not to the best interests of the landowners of the said district that the same be dissolved, the chancellor or chancery court shall so decree.
If it appear to the chancery court or chancellor that it is to the best interests of the said drainage district that same be dissolved and the decree is entered accordingly, the costs of the proceeding, including solicitors fees as might be allowed by the court, shall be assessed and taxed by the court to be collected on an acreage basis on the lands within said drainage district; and thereafter the said district shall be dissolved and shall have no further powers or authorities under the law whatsoever. In the event that the said district shall not be dissolved, such costs, attorneys fees, and expenses as may be involved shall be assessed against the petitioners; and the drainage district shall be absolved from any liability on account thereof.
Sources: Codes, 1930, § 4509; 1942, § 4735; Laws, 1924, ch. 256; Laws, 1934, ch. 229.