65-19-7 - Hearing of objections.
§ 65-19-7. Hearing of objections.
At the time and place named in said notice, or at any other time or place not later than fifteen days thereafter which may be designated by said board, said board of supervisors shall meet and shall hear remonstrances or objections to the creation of said road district or to the bringing of any part of said territory within the district, shall pass upon and determine the sufficiency of the petition, the boundaries of the district to be created, or the territory to be placed therein, and shall make such orders as justice and equity shall require. The board of supervisors upon said hearing is hereby vested with full authority to decline to create the district or to exclude from said district any lands named in its previous order or in said petition which, in the discretion of said board, should not be included in said district. If it be determined to create the district, the order to that effect shall clearly define the territory to be included therein, which territory and district may be described by a reference to supervisors' districts or to fixed and known boundaries of the county or of any subdivision thereof, or by specifying the lands included by range, township, and section or lot, or by defining the metes and bounds. The said order shall designate said district or territory by some suitable name, or the district or territory may be designated "road district No. ________ of ________ county, or road district of ________ county."
If at the time of the said hearing twenty-five per cent. of the qualified electors of such proposed district petition against its creation or against the amount of the bonds proposed, then the district shall not be created unless at an election, ordered by the board of supervisors for the purpose, a majority of the qualified voters of such district, voting in such election, vote in favor of the creation of the district; the board of its own motion may order an election with like effect as if ordered under the foregoing proviso.
Sources: Codes, Hemingway's 1917, § 7192; 1930, § 6422; 1942, § 8372; Laws, 1918, ch. 220; Laws, 1926, ch. 225.