21-341 - Dismissal of proceedings when cost exceeds benefit.
§ 21-341. Dismissal of proceedings when cost exceeds benefit.
If the court finds that the cost of construction, together with the damagesassessed is greater than the value of the resulting benefit that will accrueto the lands affected, or greater than the potential value of the lands afterthe completion of the proposed drainage, the court shall dismiss theproceedings at the cost of the petitioners, and apportion the cost amongthem, each according to acreage in the proposed district, including theexpenses incurred by reason of the filing of the petition including thecompensation paid to the engineer, his assistants, and the other members ofthe board of viewers.
(Code 1919, § 1756; 1926, p. 614.)