Section 15-1915. Proceedings for formation of district  


Latest version.
  • 1.  At  the  hearing the department shall hear all persons affected by
      the formation of the proposed district. The department  may  change  the
      tentative  boundaries  of  the proposed district, but in that case a new
      hearing shall be held thereon after due notice thereof.
        2. After the final hearing the department shall determine  whether  or
      not  the  tentative  boundaries as described include all the lands which
      should be included in the district and exclude as far as  is  reasonably
      possible  all  lands which will not be benefited by drainage; whether or
      not the lands included therein will be made more productive by drainage,
      the public health, safety or welfare will be benefited  thereby  and  it
      will be to the public interest to form the drainage improvement district
      and  carry  out  further proceedings for final fixation of boundaries or
      whether the application should  be  rejected.    It  shall  embody  such
      determination  and  disposition  of  the  case in a written order, which
      shall be filed and notice of such filing given.
        3. If the decision is favorable, such order shall declare the district
      to be formed and shall direct the making of surveys and  the  taking  of
      the  remainder  of  the proceedings for final fixation of boundaries for
      the district all as provided by sections 15-1917 to 15-1927,  inclusive.
      Thereupon  the order may be reviewed as provided by section 15-0905, and
      in due course shall be recorded.
        4. The district shall be held to have been formed on the date of  such
      order,  but  such  formation shall not be effective until such order, as
      made or modified on review, shall have been recorded.