539.565 - Confirmation proceedings in district court: Petition; contents; notice of hearing on petition; pleadings.
539.565 Confirmation proceedings in district court: Petition; contents; notice of hearing on petition; pleadings.
1. The board of directors of the district shall file with the clerk of the district court in and for the county in which its office is situated a petition praying in effect that the proceedings be examined, approved and confirmed by the court.
2. The petition shall state generally that:
(a) The irrigation district was duly organized.
(b) The first board of directors was elected.
(c) Due and legal proceedings were taken to issue bonds, stating the amount thereof.
(d) An apportionment of benefits was made by the board and a list thereof duly filed according to law.
3. A list of the apportionment shall be attached to the petition, but the petition need not state other facts.
4. Such petition for confirmation of the proceedings thus far had may be filed after the organization of the district is complete, or after the authorization of any issue of bonds, or after any other undertaking of the district.
5. The court or judge shall fix the time and place for the hearing of any such petition, and the clerk shall publish a notice thereof for 2 consecutive weeks in a newspaper published in the county.
6. Any person interested may on or before the day fixed for the hearing answer the petition.
7. None of the pleadings need be sworn to, and every material statement of the petition not controverted by answer shall be taken as true. A failure to answer the petition shall be deemed to be an admission of the material allegations thereof.
8. The rules of pleading and practice provided by law and the Nevada Rules of Civil Procedure shall be followed so far as applicable. A motion for a new trial, and all proceedings in the nature of appeals or rehearings, may be had as in any ordinary civil action.
[19:64:1919; 1919 RL p. 3278; NCL § 8030]