65-23-203 - Hearing on petitions of property owners.
§ 65-23-203. Hearing on petitions of property owners.
If, upon the hearing provided in Section 65-23-201, petitions are presented to the chancery court signed by property owners within the proposed district who own a majority of the real property in said district as determined by the value thereof, praying that the improvement be made, it shall be the duty of the chancery court to make an order establishing the district without further inquiry; however, this shall not preclude the rights of appeal hereinabove provided. If no such petitions are filed in the chancery court, then the question of whether such improvement be made shall be submitted to a special election held for the purpose. If a majority of those voting in said election approve the improvement, then upon proper certification thereof the matter may be submitted to the chancery court, and the court shall proceed to investigate the matters relevantly before the court. If it is the opinion of the court that such district should be formed, an order may be entered to that effect. The petitions of the property owners in this section referred to may be signed by any person, firm, or corporation owning real property therein; and guardians may sign for their wards, and fiduciaries may sign for the property they represent.
Sources: Codes, 1942, § 8447-22; Laws, 1952, ch. 210, § 2.