(a) (1) The board of commissioners of any drainage district in this state, when they may deem it inadvisable or impracticable and not for the best interests of the property owners of the district for the district to continue in operation, when all indebtedness of the district has been fully paid and if no assurance of continued operation and maintenance has been given to the United States or the state, may file a petition in the court in which the district was organized praying the court to abolish the district.
(2) (A) In the petition the commissioners shall set out the reasons why they are of the opinion that the district should be abolished.
(B) In addition, the petition shall contain a current financial statement of the district and a plan of distribution of any money held by the district consistent with the district's prior assessment of benefits.
(b) (1) Upon the filing of the petition, the court shall direct the clerk to give notice by publication in some newspaper in the county or counties in which the property in the district lies for not less than two (2) consecutive weekly publications.
(2) The notice shall set out the purpose of the petition, the plan of distribution, and the day set for the hearing on the petition.
(c) The court shall fix a day for the hearing of the petition and shall hear the evidence on the petition.
(d) (1) If the court is of the opinion that it is in the best interests of the property owners of the district that the petition be granted, it shall by order approve the plan of distribution and, upon proper distribution of funds, abolish the district.
(2) If the court is of the opinion that it is in the best interests of the property owners that the organization of the district be continued, then it shall overrule the petition.
(e) The overruling of one (1) petition for the abandonment of a district shall not be a bar to the filing of another petition for that purpose.
Section: Previous 14-121-1002 14-121-1003 14-121-1004 14-121-1005 14-121-1006 14-121-1007 14-121-1008 14-121-1009 14-121-1010Last modified: November 15, 2016