541.310 - Change of boundaries: Petition for inclusion of other lands; procedure.
541.310 Change of boundaries: Petition for inclusion of other lands; procedure.
1. The boundaries of any district organized under the provisions of this chapter may be changed in the manner herein prescribed, but the change of boundaries of the district shall not:
(a) Impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever.
(b) Affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had such change of boundaries not been made.
2. The owners of lands may file with the board a petition, in writing, praying that such lands be included in the district. The petition shall describe the tracts or body of land owned by the petitioners, and such petition shall be deemed to give assent of the petitioners to the inclusion in the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
3. The secretary of the board shall cause notice of filing of such petition to be given and published in the county in which the lands are situated, which notice shall state the filing of such petition, names of petitioners, description of lands mentioned and the prayer of the petitioners; and it shall give notice to all persons interested to appear at the office of the board at the time named in the notice and show cause in writing, if any they have, why the petition should not be granted.
4. The board shall at the time and place mentioned, or at such time or times at which the hearing may be adjourned, proceed to hear the petition and all objections thereto presented, in writing, by any person showing cause why the petition should not be granted. The failure of any person interested to show cause, in writing, shall be deemed and held and taken as an assent on his or her part to the inclusion of such lands in the district as prayed for in the petition.
5. If the petition is granted, the board shall make an order to that effect and file same with the clerk of the court, and upon order of the court the lands shall be included in the district.
[31:380:1955]