§ 156-65. Further hearing, and district established.
§ 156‑65. Furtherhearing, and district established.
At the date appointed for the hearing the court shall hear anddetermine any objections that may be offered to the report of the viewers. Ifit appear that there is any land within the proposed levee or drainage districtthat will not be affected by the leveeing or drainage thereof, such lands shallbe excluded and the names of the owners withdrawn from such proceeding; and ifit shall be shown that there is any land not within the proposed district thatwill be affected by the construction of the proposed levee or drain, theboundary of the district shall be so changed as to include such land, and suchadditional landowners shall be made parties plaintiff or defendant,respectively, and summons shall issue accordingly, as hereinbefore provided.After such change in the boundary is made, the sufficiency of the petitionshall be verified, to determine whether or not it conforms to the requirementshereinbefore provided. The efficiency of the drainage or levees may also bedetermined, and if it appears that the location of any levee or drain can bechanged so as to make it more effective, or that other branches or spurs shouldbe constructed, or that any branch or spur projected may be eliminated or otherchanges made that will tend to increase the benefits of the proposed work, suchmodification and changes shall be made by the board. The engineer and the othertwo viewers may attend this meeting and give any information or evidence thatmay be sought to verify and substantiate their report. If necessary, thepetition, as amended, shall be referred by the court to the engineer and twoviewers for further report. The above facts having been determined to thesatisfaction of the court, and the boundaries of the proposed district sodetermined, it shall declare the establishment of the drainage or leveedistrict, which shall be designated by a name or number, for the object andpurpose as herein set forth.
If any lands shall be excluded from the district because of the courthaving found that such lands will not be affected or benefited, and the namesof the owners of such lands have been withdrawn from such proceeding, but suchlands are so situated as necessarily to be located within the outer boundariesof the district, such fact shall not prevent the establishment of the district,and such lands shall not be assessed for any drainage tax; but this shall notprevent the district from acquiring a right‑of‑way across suchlands for constructing a canal or ditch or for any other necessary purposeauthorized by law.
The court shall further determine, if it is sought to establish areclamation district, whether or not the increased value of the particular landshould be so great as to justify the cost and expenses of its reclaiming. (1909, c. 442, s. 6; 1911, c. 67, s. 2; C.S., s. 5323;1927, c. 98, s. 4.)