Chapter 9 - Drainage Districts
CHAPTER 9 - DRAINAGE DISTRICTS
ARTICLE 1 - ORGANIZATION AND PRELIMINARY REPORT OFCOMMISSIONERS
41-9-101. Petition for organization; when filed; contents; service ofnotice or petitions generally.
(a) Whenever a majority of the adult owners of lands within anydistrict of land, who shall represent one-third in area of the lands withinsaid district to be reclaimed or benefited, or whenever the adult owners ofmore than one-half of the lands within such district desire to construct one(1) or more drains, ditches, levees, or other works across the lands of others,for the promotion of the public health or welfare, and the drainage of saidlands, or desire to maintain and keep in repair any such drain, ditch or leveeheretofore constructed under any law of this state, such owners may file in thedistrict court of any county in which the lands, or any part of them, shalllie, a petition setting forth:
(i) The proposed names of said drainage district;
(ii) The necessity of the proposed work, describing thenecessity;
(iii) A general description of the proposed starting points,routes and termini of the proposed drains, ditches, and levees;
(iv) A general description of the lands proposed to be includedin said district;
(v) The names of the owners of all lands in said district whenknown.
(b) If the purpose of said petitioners is the enlargement,repair and maintenance of a ditch, levee or other work heretofore constructedunder any law of this state, said petition shall give a general description ofthe same, with such particulars as may be deemed important.
(c) Said petition shall pray for the organization of a drainagedistrict by the name and within the boundaries proposed, and for theappointment of commissioners for the execution of such proposed work, accordingto the provisions of this and the following sections.
(d) Any lands, the title to which is in the state of Wyoming,and which are within the boundaries of any drainage district heretoforecreated, or which may be hereafter created, may be included in any suchdrainage district in the same manner as is by law provided for adding otherlands to drainage districts whenever it is found necessary to include lands indrainage districts, as by the preceding paragraphs provided.
(e) Any and all copies of petitions, or notices, required bylaw to be served on account of such lands being included in such drainagedistricts, shall be served on the president of the board having control of suchlands in the same manner as is hereinafter provided for the service ofpetitions and notices on other owners of lands in the district in which saidlands are situated.
41-9-102. Petition for organization; amendment; multiple petitions.
Nopetition having as many signers as are required by this section shall bedeclared void, but the court may at any time permit the petition to be amendedin form and substance to conform to the facts, if the facts justify theorganization of a drainage district. Several similar petitions for theorganization of the same district may be circulated, and when filed, shalltogether be regarded as one (1) petition having as many signers as there areseparate adult signers on the several petitions filed, who own lands withinsaid proposed drainage district. All petitions for the organization of saiddistrict filed prior to the hearing on said petition shall be considered by thecourt, the same as is filed with the first petitions placed on file, and thesignatures thereon contained shall be counted in determining whether sufficientlandowners have signed said petition.
41-9-103. What lands may be included.
Saidterritory need not be contiguous, provided, that it be so situated that thepublic health or welfare will be promoted by such drainage of each partthereof, and the benefits of the proposed work in each part will exceed thedamages from and costs of said proposed work in each part; and provided,further, that the court shall be satisfied that said proposed work can be morecheaply done if in a single district than otherwise.
41-9-104. Notice of hearing; service generally; contents.
(a) On such petition being filed the court or judge thereofshall make an order fixing a time and place of hearing thereon and orderingnotice; thereupon the clerk of said court, for the county in which theproceedings are instituted, shall cause twenty (20) days notice of the filingof such petition to be given:
(i) By serving or causing to be served a copy of such notice oneach owner of land within said proposed district, residing in any county inwhich any lands in said proposed district are situated, either personally or byleaving a copy thereof at his last usual place of abode, with a person ofsuitable age and discretion, and by registered mail to any mortgagee,mortgagees or judgment lienholder whose address is of record in the records ofsaid liens in the county or counties in which said district is situated; and
(ii) By publishing a copy thereof at least once a week for three(3) successive weeks in some newspaper published in each county from which anypart of the district is proposed to be taken. If there be no newspaper in anysuch county, such notice may be published in a newspaper published in anadjoining county.
(b) Such notice shall state:
(i) In what court said petition is filed;
(ii) State briefly the starting points, routes and termini ofsaid drains, ditches and levees;
(iii) Give a general description of the proposed work;
(iv) Give the proposed boundaries of said district (or a generaldescription of all of the lands in said proposed district);
(v) Give the name proposed for said drainage district; and
(vi) Shall also state the time and place by the court fixed,when and where the petitioners will ask a hearing on said petition.
41-9-105. Notice of hearing; nonresidents.
Ifany of the owners of land in said district are nonresidents of the county orcounties in which the proposed district lies, the petition shall be accompaniedby an affidavit giving the names and post-office address of such nonresidents,if such are known, and if unknown shall state that, upon diligent inquiry theirnames or post-office addresses (whichever may be the fact) cannot beascertained. The clerk of the court shall mail a copy of the notice aforesaidto each of said nonresident owners whose post-office address is known, withinsix (6) days after the first publication of the same.
41-9-106. Notice of hearing; proof of service.
Thecertificate of the clerk of the court or other public officer, or the affidavitof any other person who knows the facts, affixed to a copy of said notice,shall be sufficient evidence of the posting, serving, mailing or publicationthereof.
41-9-107. Notice of hearing; effect of personal service.
Personalservice of said notice on (or service by leaving at the last usual place ofabode of) all owners of lands or easements or interest in lands within saiddistrict, shall give the court complete jurisdiction, without posting,publication or mailing of said notice.
41-9-108. Notice of hearing; adjournment of hearings when notice notfully served.
Ifit shall be found, before the hearing on a petition for the organization of adrainage district, that one (1) or more owners of land in said district havenot been duly served with notice of hearing on said petition, the court, orpresiding judge, shall not thereby lose jurisdiction. The court, or presidingjudge, in such case shall adjourn the hearing, make an order directing theserving of said notice upon said landowner, and fixing the time and manner ofservice of such notice, which notice shall notify him to appear at saidadjourned time and place and be heard on said petition.
41-9-109. Notice of hearing; service after adjournment.
Saidnotice shall be served personally or by leaving at the last usual place ofabode of said unserved owners, as in W.S. 41-9-104; provided, not less thaneight (8) days before said adjourned hearing, or published not less thanfourteen (14) days before said adjourned hearing, in some newspaper publishedin the county in which said owners' lands lie, or if no newspaper be publishedin said county, then in some newspaper published in an adjoining county.
41-9-110. Notice of hearing; defective service generally.
Uponthe adjourned day the same proceedings, adjournments, trial findings and ordersmay be had as in case of complete service of notice in the first instance. Incase of failure to mail said notice as herein required, the court or judge mayorder the same mailed later and shall adjourn said hearing so that said noticeshall be mailed at least fourteen (14) days before said adjourned hearing. Incase of failure to publish or post notice, as in this act required, the courtor judge may adjourn said hearing for sufficient time to permit the due postingand publication of said notice, and order said notice posted or published as inW.S. 41-9-104 hereof directed. In case of adjournment to permit notice to begiven the notice shall state the fact of such adjournment and the time andplace of hearing pursuant to said adjournment.
41-9-111. Hearings; grounds for contesting.
Onthe day fixed for hearing on such petition all parties owning lands, or anyinterest or easement in land, within said proposed district, or who would beaffected thereby, may appear and contest (a) the sufficiency of the petition,(b) the sufficiency of the signers of the petition, (c) the sufficiency of thenotice, (d) the constitutionality of the law, and (e) the jurisdiction of thecourt, specifying their objections to such jurisdiction; and the petitionersand contestants may, on the trial, offer any competent evidence in regardthereto. All notices of contest shall be in writing and shall clearly specifythe grounds of contest.
41-9-112. Hearings; procedure generally.
Thecourt shall hear and determine whether or not the petition contains thesignatures of a majority of the adult owners of lands within the said proposeddistrict who are of lawful age, and who represent one-third in area of thelands proposed to be affected by said work, or the signatures of the adultowners of more than one-half of such lands and shall determine all questions oflaw arising on said contest. The district court in which such petition shall befiled or the judge thereof may adjourn the hearing on said petition from timeto time for want of sufficient notice, or to give time to prepare for trial, orfor other good cause.
41-9-113. Hearings; affidavits of petitioners as evidence.
Theaffidavit of any three (3) or more of the signers of said petition stating thatthey have examined it and are acquainted with the locality of said district andthat said petition is signed by a sufficient number of adult owners of lands insaid district, to satisfy W.S. 41-9-101, may be taken by the court or judge asprima facie evidence of the facts therein stated. And the affidavit of anypetitioner or other landowner before such court, or represented before thecourt, giving the age of such affiant and his or her ownership of such lands,to be named therein by proper description, shall be sufficient evidence to thecourt of such facts.
41-9-114. Hearings; dismissal of defective petition.
Ifthe court or presiding judge thereof, after hearing any and all competentevidence that may be offered for and against the said petition, shall find thatthe same has not been signed as herein required, the said petition shall bedismissed at the cost of the petitioners, and judgment shall be entered againstsaid petitioners for the amount of said costs.
41-9-115. Fraudulent conveyances to defeat or establish petition.
Alldeeds made for the purpose of establishing or defeating the prayer of saidpetition, and not made in good faith and for a valuable consideration, shall betaken and held to be a fraud and the holders thereof shall not be considered asthe owners of the land described therein.
41-9-116. District commissioners; number; appointment; preliminarybond; qualifications; petition for election; election decree; electionprocedures; modification of decree.
Ifit shall appear that the petition has so been signed, the court or judge shallso find, and order any necessary amendments thereto, and shall appoint three(3) suitable, competent persons as commissioners, and fix their preliminarybond. If the district is situated in two (2) or more counties, not more thantwo (2) of said commissioners shall reside in any one (1) of said counties.Ownership of land within the district shall not disqualify a person from actingas a commissioner. Provided, however, after the appointment of the first boardof commissioners a majority of the owners of land within said district who ownone-third in area of the lands within said district, shall petition the courtasking that the commissioners of said district be elected by vote of the ownersof land assessed in said district, the court shall make and enter an orderfixing the time of the annual election for said district, prescribing themanner of giving notice of such election, and the manner in which such electionshall be conducted, and may provide for cumulative voting; said order mayprovide for the election of one (1) commissioner for one (1) year and two (2)commissioners for two (2) years at the first election, succeeding commissionersto be elected for two (2) years; at such election every person, company orcorporation owning land assessed for benefits within such district shall beentitled at such election to cast one (1) vote for each acre of land, orfraction thereof, owned by such person, company or corporation within saiddistrict and assessed for benefits therein; such order shall provide for votingby proxy, and such order may be modified from time to time upon petition asherein provided for the election of commissioners, and upon like petition suchorder may be revoked and thereafter such commissioners shall be appointed bythe court.
41-9-117. District commissioners; oath; bond generally; quorum.
Beforeentering upon their duties such commissioners shall take and subscribe an oathto support the constitution of the United States and the constitution of thestate of Wyoming, to faithfully and impartially discharge their duties as suchcommissioners and to render a true account of their doings to the court bywhich they are appointed whenever required by law or the order of the court,and shall execute a bond running to the clerk of said court and his successorsin office as obligees, to be filed with said clerk for the benefit of theparties interested, in an amount to be fixed by the court or presiding judge,and with sureties to be approved by the court or presiding judge, conditionedfor the faithful discharge of their duties as such commissioners and thefaithful accounting for and application of all moneys which shall come intotheir hands as such commissioners. A majority shall constitute a quorum and aconcurrence of a majority in any matter within their duties shall be sufficientto its determination.
41-9-118. District commissioners; term.
Thecommissioners first appointed shall hold their office until the first Tuesdayin the second succeeding July following the date of the order organizing suchdistrict and until their respective successors are qualified. All commissionersappointed after the first board, excepting those appointed to fill vacancies,shall hold their respective offices for the term of two (2) years and untiltheir respective successors are qualified.
41-9-119. District commissioners; new appointments.
Appointmentsto fill expired terms in the office of drainage commissioner shall be made bythe presiding judge of the district court of the county having jurisdiction ofthe drainage district at the courthouse therein on the first Tuesday of July ineach succeeding year or as soon thereafter as possible.
41-9-120. District commissioners; vacancies.
Vacanciesin the board may be filled by such judge at any time, the commissionersappointed to hold for the residue of the unexpired term. The removal of anycommissioner from the county or counties in which lands of such district aresituated shall render his office vacant.
41-9-121. District commissioners; financial records, minutes ofmeetings to be kept.
Thecommissioners shall keep an accurate record of all moneys collected on accountof the work under their charge and of all payments made by them, and shall takevouchers for such payments and shall keep full, accurate and true minutes ofall their proceedings.
41-9-122. District commissioners; filing of annual financial report.
Onthe first Tuesday of July each year they shall file in the office of the clerkof the court having jurisdiction in the matter an itemized statement of alltheir receipts and disbursements, and leave said report in such office forexamination by parties interested at all times.
41-9-123. District commissioners; compensation and expenses.
Theyshall receive for their services such compensation as the court or presidingjudge thereof may determine. They shall also receive their actual reasonableexpenses.
41-9-124. District commissioners; under control and direction ofcourt; failure to obey.
Theyshall at all times be under the control and direction of the court or presidingjudge, and shall obey its or his directions; for failure so to do they shallforfeit their compensation and be dealt with summarily as for contempt.
41-9-125. Suit on bond of commissioners.
Suitmay also be brought upon their bonds, in the name of the clerk of the court,and the amount recovered shall be applied to the construction of the work or tothe party injured, as justice may require.
41-9-126. Organization of commission; examination of lands; contentsof preliminary report.
(a) Within ten (10) days after said commissioners shall beappointed and qualified they shall meet and organize by electing one (1) oftheir number secretary, and as soon as may be thereafter, they shall personallyexamine the lands in said district and make a preliminary report to the court,which report shall state:
(i) Whether said proposed work is necessary, or would be ofutility in carrying out the purposes of the petition;
(ii) Whether the proposed work would promote the public health;
(iii) Whether the proposed work would promote the public welfare;
(iv) Whether the total benefits from said proposed work willexceed the cost thereof together with the damages resulting therefrom; and inarriving at this they shall include all benefits and all damages resultingtherefrom both within and without said district;
(v) Said commissioners shall in said report fix as near as maybe and report to the court the boundaries of said proposed drainage district.Said boundaries shall not be so changed from those in the petition described asto deprive the court of jurisdiction by reason of not having on the petitionthe required number of signers owning land within said changed boundaries.
41-9-127. Change of plan proposed in petition.
Ifsaid proposed work as in the petition described, is not best suited to carryout the purposes of the petition the commissioners shall consider and basetheir report upon the one (1) best suited to carry out those purposes andpropose to the court the one (1) by them considered.
41-9-128. Hearings on report; notice generally.
Uponthe filing of the preliminary report the court or the presiding judge thereofshall by order fix a time and place when and where the same shall be heard atsome general or special term of said court, not less than thirty (30) days fromthe filing of said report. Notice of the time and place of hearing upon saidpreliminary report shall be given to all interested persons by publishing abrief notice of the filing of said report, including a brief statement of thesubstance of said report, in one (1) or more newspapers published in eachcounty in which any land in said proposed drainage district shall be situated(or if no newspaper is published in said county, in one (1) or more newspapersin an adjoining county) once in each week for three (3) successive weeks priorto the day appointed for hearing thereon. Said notice shall describe all landsby said report included in said district, which were not included therein bythe petition, and state that such lands are to be included in said district,and shall describe all lands excluded from said district which were by thepetition included therein and shall state that such lands are to be excludedfrom said district.
41-9-129. Hearings on report; notice to owners of added lands.
Whenlands are added to the district the owners thereof shall be served with saidnotice as provided for serving of notice of hearing on the petition.
41-9-130. Hearings on report; adjournment.
Uponthe day fixed for hearing upon said report, said court may adjourn said hearingfor good cause or may proceed to hear, try and determine all issues arisingupon said report.
41-9-131. Hearings on report; remonstrances.
Anyinterested party may appear and remonstrate against said report or any materialpart thereof. All remonstrances shall be in writing, be verified on oath, befiled at least five (5) days before the day fixed for hearing, and shall setforth the facts upon which they are based.
41-9-132. Hearings on report; trial; when petition for organizationdismissed.
Allissues arising upon said preliminary report shall be tried by the court withouta jury. If the court shall find in favor of the remonstrance, or if said reportbe that the proposed work will not promote the public health, and will notpromote the public welfare, or that the benefits from said proposed work willnot exceed the damages and cost of construction, and no remonstrance againstsaid report is filed, the petition shall be dismissed and the costs taxedagainst the petitioners, and judgment entered therefor, as in W.S. 41-9-231hereinafter provided.
41-9-133. Hearings on report; when report confirmed.
Butif the preliminary report be that the benefits of said proposed work (or workby the commissioners proposed) will exceed the damages and the cost ofconstruction and that the public health will be promoted thereby, or that thepublic welfare will be promoted thereby, and no remonstrance thereto is filed,or if on trial of the issues made on said report the court finds that thebenefits will exceed the damages and cost of construction, and that the publichealth or the public welfare will be promoted by said proposed work, the courtshall make and file such findings in writing and make an order confirming saidreport, or directing amendment of the report to conform to the findings of saidcourt. And when so amended the court shall by order confirm the same, anddirect said commissioners to proceed with said work with all convenient speed.
41-9-134. Hearings on report; findings conclusive; appeal.
Suchfindings and order shall be final and conclusive unless appealed from to thesupreme court within thirty (30) days after filing thereof.
41-9-135. Creation of corporate entity upon confirmation of report.
Uponentering of such order of confirmation of said preliminary report of record,such drainage district shall be, and is thereby declared to be organized as adrainage district, by the name mentioned in said petition, or such other nameas the court shall fix, with the boundaries fixed by the order confirming thereport of said commissioners, to be a body corporate by said name fixed in saidorder, with the right to sue and be sued, to adopt and use a seal, and to haveperpetual succession.
41-9-136. Corporate authorities.
Thecommissioners appointed as aforesaid and their successors in office shall,from the entry of such order of confirmation, constitute the corporate authority of said drainage district, and shall exercise the functions conferredon them by law, and do all things and perform all acts necessary to theconstruction and preservation of the proposed work.
41-9-137. All proceedings deemed necessary.
Allproceedings herein required, prior to the entry of such order of confirmationof record, shall be deemed to be and are hereby declared to be necessary to theformation of said body corporate.
ARTICLE 2 - OPERATION AND ADMINISTRATION
41-9-201. Authority of commissioners to enter lands for repairs.
Thecommissioners, their agents, servants and employees shall have the right to goupon all lands along any drain, ditch, levee or embankment in their district,to inspect, deepen, widen and repair the same whenever necessary, doing nounnecessary damage, and shall not be liable for trespass therefor.
41-9-202. Power of eminent domain.
Anydrainage district created and existing under W.S. 41-9-101 through 41-9-278may, whenever it shall require a way of necessity outside its boundaries forany of its work or works theretofore authorized by the court, proceed toprocure the same by the exercise of the power of eminent domain.
41-9-203. Presumption of validity of acts of commissioners.
Commissionersof drainage districts are hereby declared to be public officers. Thepresumption shall be in favor of the regularity and validity of all theirofficial acts. Whenever any report of the commissioners of any drainagedistrict or any part of any such report is contested, remonstrated against orcalled in question, the burden of proof shall rest upon the contestant,remonstrant or questioner.
41-9-204. Commissioners under supervision of court; removal; newbonds.
Thecourt shall at all times have supervision of said commissioners, and may at anytime require them to make a report on any matter or matters connected withtheir duties as commissioners, and after due hearing may remove from office anyor all of said commissioners for neglect of duty or malfeasance in office orfor other good cause. The court may at any time require the commissioners togive new bonds to the clerk of the court and may fix the amount thereof, andsaid bonds shall be submitted to the court or the presiding judge thereof forapproval.
41-9-205. Waiver of notice.
Incase of failure to serve any notice of any proceeding or hearing in thischapter provided for, upon any person or corporation, such person orcorporation, may appear in open court and waive such defect of service, or maywaive it by filing in court or delivering to the commissioners of the drainagedistrict to be filed in court a written waiver of such defect, in which waiversaid defect shall be described; which waiver shall be signed by such party andwitnessed and acknowledged before a proper officer having power to takeacknowledgments of deeds.
41-9-206. Liberal construction.
Theprovisions of this act shall be liberally construed to promote the publichealth and welfare by reclaiming wet or overflowed lands, building embankmentsor levees and the preservation of any system of drainage heretofore constructedaccording to law.
41-9-210. Levels, surveys and maps to be made; report to courtrequired.
Assoon as may be after the confirmation of the said preliminary report, or withinsuch time as the court may direct, said commissioners shall proceed to have allnecessary levels taken and surveys made, and shall lay out said proposed work,make a map thereof and plans, profiles and other specifications thereof, andreport in writing to the court.
41-9-211. Contents; starting points, routes and termini.
Thecommissioners shall report whether the starting point, routes and termini ofthe proposed work and the proposed location thereof, as in the petitioncontained, are in all respects proper and feasible, and, if not, shall reportsuch as are most proper and feasible.
41-9-212. Contents; change of boundaries generally.
Ifit be found necessary to change the boundaries of said proposed district, as bythem previously fixed, they shall report said proposed change, and, ifpossible, shall report the names, residence and post-office addresses of theowner or owners of all lands affected by said change in boundaries, but no suchchange in boundaries shall be made as to deprive the court of jurisdiction;provided, however, that if the owners of lands adjacent to the districtpetition to have their lands brought into the district such may be consideredthe same as original petitioners in making changes of boundaries.
41-9-213. Contents; assessment of damages.
Thecommissioners shall report what lands within the district will be injured bythe proposed work, if any, and they shall therein award to each tract, lot,easement or interest by whomsoever held, the amount of damages which they shalldetermine will be caused to the same by the proposed work.
41-9-214. Contents; assessment of benefits.
Thecommissioners shall report what lands within the district will be benefited bythe proposed work and they shall assess against each tract, lot and easement bywhomever held the amount of benefits which they determine will be caused to thesame by the proposed work. The benefits so assessed are herein referred to as"assessment of benefits".
41-9-215. Contents; cost of construction.
Thecommissioners shall also determine and report to the court the total amount, asnear as they can determine, what said proposed work will cost, which cost shallinclude all incidental expenses, the reasonable cost of organizing saiddistrict, the costs of proceeding, and all probable damage to lands, bothwithin and without the district, together with a reasonable sum for attorneyfees for the petitioners, and such sum as the commissioners may deem necessaryto provide for possible defaults and delinquencies in payment of assessments,which cost will hereinafter be referred to as "cost of construction".
41-9-216. Contents; assessments upon particular tracts, lots andcorporations.
Ifthe cost of construction of any particular part of the work so proposed to bedone should be assessed upon any particular tract or tracts, lot or lots ofland, or upon any corporation or corporations, the commissioners shall sospecify, and in their report shall fix and determine the sums which should beassessed against said tracts, lots and corporations, and assess such sumagainst said tracts, lots and corporations.
41-9-217. Contents; assessments for construction generally.
Theyshall apportion and assess the part of this "cost of construction,"not assessed as above, against the several benefited tracts, lots and easementsin said drainage district, in proportion to the benefits which they haveassessed against the same, by setting down opposite each tract, lot oreasement, the sum which they assess against the same for construction. Theassessments which together make up the cost of construction, as above defined,are herein referred to as "assessments for construction".
41-9-218. Contents; special benefits to corporations.
(a) If any corporation would, in the judgment of saidcommissioners, derive special benefits from the whole or any part of suchproposed work, the commissioners shall so report and assess those benefits, andassess against the same its proportionate share of the costs of said proposedwork. The word "corporation" wherever in this act contained, shall beconstrued to include:
(i) Railroad companies;
(ii) Other private corporations of all kinds;
(iii) Towns;
(iv) Cities;
(v) Villages; and
(vi) Other drainage districts.
41-9-219. Contents; costs of repairs.
Thecommissioners shall further report to the court the probable cost of keepingsaid proposed work in repair after it is completed.
41-9-220. Contents; maps and plans.
Theyshall include in their said report, said map, plans and other specifications,and file the same with their report.
41-9-221. Commissioners not to be confined to plans in petition.
Thecommissioners shall not be confined to the points of commencement, routes or terminiof the drains or ditches, or the number, extent or size of the same, or thelocation, plan or extent of any levee, ditch or other work, as proposed by thepetitioners, but shall locate, design, lay out and plan the same in such manneras to them shall seem best, to promote the public health or welfare, and todrain, or to protect the lands of the parties interested with the least damageand the greatest benefit to all lands affected thereby. And any plan proposedby the commissioners, may, on the application of any person interested, on thehearing hereinafter provided for, or on the application of the commissioners,be altered by the court, by written order, in such manner as shall appear tothe court to be just.
41-9-222. Changing boundaries upon application to court; filing ofreport.
Ifthe commissioners find that the proposed district, as described in the petitionfiled, will not embrace all of the lands that will be benefited by the proposedwork, or that it will include lands that will not be benefited and are notnecessary to be included in said district for any purpose, they shall extend orcontract the boundaries of the proposed district so as to include or excludeall such lands, as the case may be; and the boundaries adopted and reported bythem, may, upon the hearing of their report, as hereinafter provided, upontheir application, or that of any person interested, be altered by the court insuch manner as shall appear to be just; provided, that the alteration ofboundaries as aforesaid shall not have the effect of so far enlarging orcontracting the proposed district as to render such petition void ordismissible. Said report shall be filed with the clerk of the court.
41-9-223. Notice of hearings on report; contents; order for hearing.
Uponthe filing of said report, the court shall make and enter an order fixing thetime and place when and where all persons interested may appear and remonstrateagainst the confirmation thereof, and the clerk of said court shall causenotice of the time and place of such hearing to be given to all partiesinterested, which notice shall contain a brief description of the landsbenefited and damaged, together with the net damage awarded to the severaltracts, parcels, easements and corporations to which damages are awarded, andthe sum in each case assessed for construction against said several benefitedparcels, tracts, easements and corporations.
41-9-224. Notice of hearings on report; publication and servicegenerally.
Saidnotice shall be published for at least three (3) successive weeks, prior to theday set for the hearing in one (1) newspaper published in each county in whichsaid lands, or any part thereof within said district are situate (and if nonewspaper is published in said county, in some newspaper in an adjoiningcounty), and by serving a copy of such notice on each of the persons orcorporations, by said report recommended to be assessed, or whose lands are bysaid report recommended to be included in said district, and who resides in anyof the counties out of which the proposed district is formed, at least twenty(20) days before the day of hearing in the same manner that a summons isrequired to be served; provided, absence from the county of such person orcorporation shall excuse personal service, whereupon due publication of suchnotice shall be sufficient service.
41-9-225. Notice of hearings on report; when land situated in severalcounties.
Incase the lands are situated in more than one (1) county the notice published inthe county wherein the court having jurisdiction is situated shall contain adescription of all the lands in said proposed district, the damages awarded tothe several parcels thereof and amounts assessed for construction against theseveral parcels thereof, but the notice published in any other county orcounties may contain a description of only the lands situate in said county forwhich said publication is made, together with the damages awarded to andassessments for construction against the several tracts, parcels, easements andinterests situate in said county for which publication is made.
41-9-226. Notice of hearings on report; effect of personal service.
Incase of service of said notice personally, or the acceptance and waiver thereofon all the owners of the lands within the district, said service shall besufficient and give the court jurisdiction without said publication.
41-9-227. Hearings; modification of report generally.
Ifthe court finds that the report requires modification the same may by order ofthe court be referred back to the commissioners, who may be required to modifyit in any respect.
41-9-228. Hearings; confirmation order generally; appeal.
Ifthere be no remonstrance, or if the finding be in favor of the validity of theproceedings, or after the report shall have been modified to conform to thefindings, the court shall confirm the report and the order of confirmationshall be final and conclusive, the proposed work shall be established andauthorized, and the proposed assessments approved and confirmed unless withinthirty (30) days an appeal be taken to the supreme court, the said order of confirmationshall also fix the commissioners' bond.
41-9-229. Hearings; modification of combination order.
Saidorder of confirmation may, at the same or at any subsequent term of said court,be revised, modified or changed, in whole or in part, on petition of thecommissioners, after such notice as the court may require, to parties adverselyinterested.
41-9-230. Hearings; supplemental report; amending original report.
Atany time prior to making the order confirming said report or thereafter the courtmay permit the commissioners to present and file a supplemental report, oramend their report, as to any matter which, pursuant to the provisions hereof,was or might have been included in the original report presented by them, andafter reasonable notice given to all parties interested, in such manner as thecourt shall direct, the court may, upon the hearing in said matter make suchorder as the case may require.
41-9-231. Judgment; entry when petition on proceedings dismissed.
(a) In case the petition or proceedings are dismissed asprovided in W.S. 41-9-132, a judgment shall be entered against the petitionersand in favor of the commissioners for the costs, expenses, and liabilitiesincurred in said proceedings, but for the benefit of those who have renderedservices or advanced money in the prosecution of said proceedings, or haverecovered costs on successful contests therein.
(b) In case the proceedings are dismissed at any time, or thedistrict is discontinued for any cause subsequent to the time provided in W.S.41-9-132, a judgment shall be entered against the owners of all the lands thenwithin the boundaries of said drainage district and in favor of thecommissioners for all costs, expenses and liabilities incurred in saidproceedings up to and including the time of said dismissal or saiddiscontinuance, but for the benefit of those who have rendered service, oradvanced money in connection with said drainage district, or have recoveredcosts on successful contests herein.
41-9-232. Judgment; filing of statement of costs; hearing.
Beforeany judgment is entered, said commissioners shall file with the clerk of thedistrict court, in which said proceedings were instituted, an itemizedstatement of such costs and expenses, duly verified, upon which an order shallissue, requiring said petitioners to show cause before said court, at a timeand place named, why judgment should not be entered against said petitionersfor the amount of said costs and expenses. Notice of the hearing on said orderto show cause, shall be given to said petitioners, by mailing to each a copythereof, to their last known post-office address, at least twenty (20) daysprior to the time set for hearing, and by publication of the same in one (1) ormore newspapers, published in the county, where the proceedings are pending, atleast three (3) successive weeks prior to the day set for such hearing. Saidnotice need not contain an itemized statement of said account.
41-9-233. Judgment; contributions for payment prorated.
Allpetitioners shall, among themselves, contribute in the payment of saidjudgment, in proportion to the number of acres of land they have within theboundaries of the proposed district at the time of the filing of said petition.
41-9-240. Payment generally; unpaid assessments as liens; duty ofclerk of court; state lands.
Unlessotherwise provided by said order, such assessment shall be payable at once; andfrom the time of the entry of said order, assessments for construction of newwork and additional assessments and interest thereon, shall be a lien upon thelands assessed, until paid. Any owner of land, or any corporation assessed forconstruction, may at any time within thirty (30) days after the confirmation ofsaid report, pay into court, the amount of the assessment against his land orany tract thereof, or against any such corporation. Said payment shall relievesaid lands from the lien of said assessment, and said corporation from allliability on said assessment. The clerk of said court shall collect no fees orcommissions for collecting or disbursing such payments, and shall on demand ofthe commissioners of the district pay over to them all sums thus coming intohis hands. Upon presentation to the state auditor of an order of the districtcourt having jurisdiction of such drainage district, properly certified, theauditor shall draw his warrant on the treasurer on the common school accountwithin the permanent land income fund in favor of the commissioners of suchdrainage district for the total amount that may be assessed against any landsincluded in such district, the title to which is in the state of Wyoming, andupon the payment of such warrants such lands shall thereby be relieved from thelien theretofore created for such costs of construction.
41-9-241. Payment in installments.
Atthe time of confirmation of any assessment provided for by chapter 76, WyomingCompiled Statutes 1920, or acts amendatory thereof or supplemental thereto, itshall be competent for the court to order the same to be paid in installmentsof such amount and at such time as will be convenient for the accomplishment ofthe purposes for which such assessment was made, and the payment of theprincipal and interest of such notes or bonds of said district as the courtshall grant authority to issue, such installments to become delinquent on thesame date or dates as may be fixed by law for state and county taxes to becomedelinquent, and such installments shall draw interest from the date of anynotes or bonds issued by the district and for the payment of which saidassessments are pledged, at such rate, not to exceed seven percent (7%) perannum, as may be fixed by the court.
41-9-242. Current expenses; annual budget generally.
Assessmentsto meet expenses of any current year of any district shall become due, payableand delinquent at such time or times each year as may be fixed by law for stateand county taxes to become due, payable and delinquent. Commissioners havingcharge of any drain shall on or before the first Tuesday of June of each yearfile with the clerk of the court having jurisdiction of such district, a reportshowing an itemized estimate of the money to be raised by assessment within thedistrict for the purpose of constructing new work, maintenance and to meet theyearly current expenses of the district. In addition to the amount aboveprovided, the commissioners may add a sum which in their judgment shall besufficient to provide for possible delinquencies. Within thirty (30) days afterfiling such annual report, at a time and place to be fixed by the court or ajudge thereof, the judge shall examine such report, hear all objectionsthereto, fix and determine the amount to be raised by assessments for thecurrent year and cause such adjudication to be entered of record in said courtand a certified copy thereof to be delivered to the commissioners of suchdistrict. The commissioners shall add thereto such amount as may be necessaryto meet the principal and interest on lawful indebtedness of the districtmaturing during the current year, together with a sum which in their judgmentshall be sufficient to provide for possible delinquencies. When thus completedit shall be known as "The budget of .... Drainage District for the year(year)" and also be verified under oath by any one (1) of thecommissioners.
41-9-243. Assessment roll generally.
Itshall be the duty of the commissioners of each drainage district, on or beforethe first Monday of August of each year to prepare an assessment roll of saiddistrict, which shall contain the name of the owner, if known, together with adescription of each lot, tract and easement of land within said district, andthe aggregate assessments of benefits confirmed by the court against the same;and the name of all corporations assessed, together with the aggregateassessment levied against such corporations respectively. The assessment rollshall also show the amount assessed against each lot, tract and easement ofland, and against each corporation in the district, for current expense and tomeet the principal and interest on the indebtedness of the district for thecurrent year. All such assessments shall be apportioned on the aggregateassessment of benefits last confirmed by the court. When such assessment rollis completed it shall be signed by the commissioners of said district andverified by any one of them. On or before the first Monday in August, of eachyear the commissioners of the drainage district shall deliver to the countycommissioners of the county having jurisdiction of such drainage district theassessment roll of such district. The county commissioners of said countyimmediately upon the receipt of the assessment roll of such district and at thetime of making the requisite tax levy for county purposes, shall levy andassess against each lot, tract and easement of land and against eachcorporation, the respective amounts levied and assessed against the same onsaid assessment roll. Thereupon the county commissioners shall certify to anddeliver said assessment roll to the county assessor of such county, and in casethe territory embraced in such district is located in two (2) or more countiesa copy of the assessment roll as certified to by the county commissioners ofthe county having jurisdiction of such district shall be delivered to theassessor of each county in which any of the land of the district is located.Upon receipt of such assessment roll the assessors of the counties embracingany of the lands of such district shall extend upon the tax roll of such countythe respective amounts levied and assessed against each lot, tract and easementof land, and against each corporation as shown by said assessment roll of saiddistrict.
41-9-244. Certification procedure.
Whenthe commissioners shall fail to certify to the county commissioners of theproper county, any one (1) or more drainage assessments for construction,reconstruction, enlargement, extension, improvement, or repair, against anylands in said district, at the proper time, they may certify the same to thecounty commissioners of the proper county at any time thereafter, whether inthe same or any subsequent year, as an additional assessment roll of saiddistrict for the then current year, and upon receipt of such additional assessmentroll by such county commissioners it shall be the duty of such commissioners tomake a levy therefor and to certify the same to the county assessor in themanner hereinbefore provided, and it shall then be the duty of the countyassessor to add the said levy to the tax roll for the then current calendaryear.
41-9-245. Additional assessments; generally.
Ifin the first assessment for construction the commissioners shall have reportedto the court a smaller sum than is needed to complete the work of construction,or if in any year an additional sum is necessary to pay the principal of orinterest on lawful indebtedness of said drainage district, further or additionalassessments on the lands and corporations benefited, proportioned on the lastassessment of benefits which has been approved by the court, shall be made bythe commissioners of said drainage district under the order of the court orpresiding judge thereof. Notice of hearing of the application for suchadditional assessment shall be published at least once each week for three (3)consecutive weeks in one (1) newspaper published in each county in which saidlands, or any part thereof, within said district are situated which further oradditional assessments may be made payable in installments, as specified inW.S. 41-9-241, and shall be treated and collected in the same manner as theoriginal assessments for construction confirmed by the court, in said drainagedistrict.
41-9-246. Additional assessments; commissioner's petition; hearings;modification of budget.
Thecommissioners of any drainage district within the state of Wyoming shall notincur any indebtedness for current expenses of the district in excess of theamount provided in the budget: provided, however, in case a greater sum thanthat provided in the budget is required the commissioners may file a petitionsetting forth the causes therefor, with the clerk of the court having jurisdictionof said district. Immediately upon the filing of said petition the court shallmake an order fixing the time and place of hearing and directing the form andmanner of notice thereof to be given if the court deem such hearing advisable.If the court shall authorize the expenditure of a greater sum of money thecommissioners shall be authorized to incur indebtedness equal to the amount ofthe additional sum authorized by the court, and in case the expenditure occursat a time when it is too late to place the amount upon the assessment roll forthe current year, such amounts may be added to the budget of ensuing years. Alldebts contracted in contravention of this section shall be void.
41-9-247. Omissions; generally.
Omissionto assess benefits, or to assess for construction, or to make additionalassessment, or to make assessment for repairs, or to award damages to any one(1) or more tracts of land or easements in a drainage district, or to assessbenefits, or to assess for construction, or to assess for repairs, or to makeadditional assessments against any corporation which should have been assessed,shall neither affect the jurisdiction of the court to confirm the report nor torender the benefits assessed, or the assessments for construction, oradditional assessments, or assessments for repairs against other lands, orassessments against any corporation voidable, but the commissioners of saiddrainage district shall thereafter, as soon as they discover the omission, oras soon as notice thereof, either agree with the omitted parties upon theproper assessments and award the damages or assess such benefits, make suchassessments for construction and make such additional assessments against theomitted lands and corporations, and award such damages as shall be just, andreport the facts, together with such assessments and awards, to the court.
41-9-248. Omissions; agreement between landowner and commissioners.
Incase of omission to assess any corporation or land that should be assessed forbenefits, or construction, or repair, or additional assessment, or to awarddamages, said omitted party and the owner of omitted land may in writing agreewith the commissioners of said district what the assessment should be againstsaid land, or against said corporation, or what said damages should be and suchagreement shall be acknowledged and witnessed as provided above for waivers,and be filed in the court.
41-9-249. Application of state revenue laws; tax sale for delinquentassessments.
Therevenue laws of this state for the collecting of taxes on real estate forcounty purposes, except as herein modified, shall be applicable for thepurposes of this act, including the payment of interest and enforcement ofpenalties and forfeitures for delinquent taxes. All penalties and interest onassessments of a drainage district collected by the county treasurer shall bethe property of such district, and all interest and penalties collected onassessments of such district levied for purposes other than bonded indebtednessshall be paid to the treasurer of the district levying such assessment; suchpayments to be made on or before the fifth day of the month following the dateof such collection. In advertising property for sale for delinquent taxes thecounty treasurer shall show in a separate column in such advertisement theamount of unpaid drainage assessment levied against each lot, tract andeasement of land in said district. The county treasurer of any county in whichany portion of the land of any drainage district is located, and at the time ofadvertising real property for sale for state and county taxes shall include insuch advertisement, the amount of delinquent drainage assessments against eachlot, tract or easement of land. At the time and place of sale of real propertyfor state and county taxes the county treasurer shall also separately sell theland for delinquent drainage district assessments and shall issue separatecertificates of sale therefor. In offering such real estate for sale fordrainage assessments the county treasurer shall offer the entire tract assessedand the first bid received in an amount sufficient to pay such assessment,together with interest, penalty and costs, shall be accepted and treasurer shallnot attempt to secure a higher bid. In case no purchaser appears to purchasethe land offered for sale for delinquent drainage assessments the treasurershall make an entry on his delinquent tax roll "Sold to .... DrainageDistrict of .... County, Wyoming" and shall issue a certificate ofpurchase to such district. The owner of any tract, lot or easement of land in adrainage district shall have the right to redeem the said land at any timewithin eighteen (18) months from the date of sale thereof by the countytreasurer as shown on said certificate by paying therefor the amount for whichsaid land was sold by the county treasurer, together with such penalties andinterest as may be provided by law relative to sales of land for delinquentstate and county taxes, and in case the owner of any lot, tract or easement ofland in any district shall fail to redeem said land from said sale for drainageassessment, the county treasurer shall issue a deed therefor to the purchaserat said sale, his heir