242.040. Objections--procedure.
Objections--procedure.
242.040. 1. Any owner of real estate or other property insaid proposed district, who may not have signed said articles ofassociation, objecting to the organization and incorporation ofsaid drainage district, shall, on or before the first day of theterm of court at which the cause is to be heard, file hisobjection or objections why such drainage district should not beorganized and incorporated. Such objection or objections shallbe limited to a denial of the statements in the articles ofassociation, and shall be heard by the court in a summary manner,without unnecessary delay, and in case all such objections areoverruled, the circuit court shall by its order, duly entered ofrecord, duly declare and decree said drainage district a publiccorporation of this state, for a term not exceeding the timementioned in said articles of association signed and filed. Ifthe court finds that the property set out in said articles ofassociation should not be incorporated into a drainage district,it shall dismiss said proceedings and adjudge the costs againstthe signers of said articles of association in proportion to theacreage represented by each.
2. Any person having signed the articles of associationshall have no right to have said proceedings dismissed as to himwithout the written consent of the majority in acreage of theowners who signed said articles. The articles of association maybe amended as any other pleading.
3. Within sixty days after the said district has beendeclared a corporation by the court, the clerk thereof shalltransmit to the secretary of state a certified copy of thefindings and decree of the court incorporating said district, andthe same shall be filed in the office of the secretary of statein the same manner as articles of incorporation are now requiredto be filed under the general law concerning corporations.
4. A copy of said findings and decree, together with a platof the district, shall also be filed in the office of the countyrecorder in each of the counties having lands and other propertyin said district, where the same shall become a permanent record,and each such recorder shall receive a fee of one dollar forfiling and preserving the same.
(RSMo 1939 § 12326)Prior revisions: 1929 § 10745; 1919 § 4380; 1909 § 5499