Arizona Revised Statutes § 48-2941 Petition For Inclusion Of Lands; Notice Of Hearing; Payment Of Expenses Of Publishing Notice

48-2941. Petition for inclusion of lands; notice of hearing; payment of expenses of publishing notice

A. The holder or holders of title or evidence of title representing a majority of the acreage of any body of land adjacent to the boundary of an irrigation district, may file with the board of directors of the district a petition in writing requesting that such lands be included in the district.

B. The petition shall describe the parcels of land proposed to be included. The filing of the petition shall be deemed consent of the petitioners to the inclusion in the district of the lands owned by them, and the petition shall be acknowledged by one or more of the signers thereof. If state lands are embraced in the petition the state land commissioner may sign on behalf of the state, and no state lands shall be included in a district nor be subject to irrigation district laws unless the petition is filed by the state land commissioner, and in no event shall state lands become encumbered for any debt, obligation or liability of any irrigation district.

C. The secretary of the board shall cause notice of filing of the petitions to be given by publishing the notice once each week for three successive weeks in a newspaper published in the county in which the office of the district is located. The notice shall state that a petition for inclusion of lands adjacent to the boundaries of the irrigation district has been filed, and shall give the names of the petitioners, a description of the lands included in the petition and the request of the petitioners, and shall notify all persons interested to appear at the office of the board at a time named in the notice and show cause why the petition should not be granted. The time specified in the notice for showing cause shall be the next regular meeting of the board after expiration of the period for publication of notice.

D. The petitioner or petitioners shall, if required by the board of directors, advance to the secretary sufficient money to pay the estimated cost of the publication of such notice before the secretary shall be required to give such notice.

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Last modified: October 13, 2016