257.300. Preliminary plan, notice--objections, adoption--objections to official plan, trial by court order--state agency to be informed.
Preliminary plan, notice--objections, adoption--objections toofficial plan, trial by court order--state agency to be informed.
257.300. 1. When the preliminary plan is completed by thedesignated state agency, the board shall cause notice bypublication to be given in each county of the district, of thecompletion of the plan, and shall permit the inspection thereofat their office or at a convenient location in each county by allpersons interested. The notice shall fix the time and place forthe hearing of all objections to the plan not less than twentydays nor more than thirty days after the last publication of thenotice.
2. All objections to the plan shall be in writing and filedwith the secretary of the board at his office or at the place ofhearing within ten days after the last publication of the notice.
3. After the hearing before the board of trustees, the boardshall adopt the plan, or such modification thereof as the boarddetermines, as an official plan of the district, and designatethe plan as "Official Plan No. ....", the number to be the sameas that of the preliminary plan from which the official planoriginated.
4. If, however, any person or public corporation objects tothe official plan, so adopted, then the person or publiccorporation may, within fifteen days from the adoption of theofficial plan, file the objections in writing in the office ofthe clerk of the court by which the district was created,specifying the objectionable features of the plan and settingforth wherein the proposed provisions of the plan are notnecessary under the purposes for which the district was created.The court shall then fix a day for the hearing thereof before thecourt, not less than twenty days nor more than thirty days afterthe first regular session of court after the time fixed forfiling objections, at which time the court shall hear theobjections and adopt, amend, reject or refer back the plan to theboard of trustees. If the court:
(1) Rejects the plan, the board shall proceed to prepareanother plan;
(2) Refers back the plan to the board for amendment, thecourt shall continue the hearing to a day certain withoutpublication of notice;
(3) Approves the original or amended plan as the officialplan of the district, a certified copy of the order of courtapproving the original or amended plan shall be filed with thesecretary of the board of trustees, and by him incorporated intothe records of the district as "Official Plan No. ....".
5. The designated state agency herein referred to shall bekept informed by the secretary of the board of pendingproceedings, and action taken, relative to the formulation of anofficial plan, to the end that the state's interest may berepresented and proper records maintained. A copy of anyofficial plan, or changes made in arriving at the plan, shall befiled forthwith with the agency.
(L. 1959 S.B. 199 § 30)