11-30-6 - Contest of petition by attorney general or county attorney -- Attorney general and county attorney as parties.
11-30-6. Contest of petition by attorney general or county attorney -- Attorneygeneral and county attorney as parties.
(1) A copy of the petition and order shall be served on the attorney general at least 20days before the hearing. Upon receipt of the petition, the attorney general shall carefully examinethe petition and, if the petition is believed to be defective, insufficient, or untrue, or if, in theattorney general's opinion, a reasonable question exists as to the validity of the bonds, the attorneygeneral shall contest the petition. If neither of those conditions exists or if one or more otherparties to the action will, in the attorney general's opinion, competently contest the petition, theattorney general may, upon approval of the court, be dismissed as a defendant.
(2) If the petition is filed by the state or any agency, authority, instrumentality, orinstitution of the state, the attorney general may not be made a party to the proceeding and noticeshall be served on the county attorney in the county in which the largest expenditure of theproceeds of the bonds is expected to be made. That county attorney shall then in all respectsperform the role of the attorney general as set forth in this section.
(3) The attorney general or county attorney, as the case may be, may waive his right ofappeal and that waiver shall be binding on all successors and assigns.
(4) All costs of the attorney general or county attorney incurred in performing dutiesimposed by this section shall be reimbursed from the proceeds of the bonds if the bonds areissued.
Enacted by Chapter 197, 1987 General Session