(a) If the commissioners shall have filed plans for additional work in the district, no proceeding shall be taken looking to a confirmation of the assessment of benefits based thereon until a petition has been filed with the county court, signed by a majority in numbers, acreage, and value of the owners of land within the district, praying that the work as provided for in the plans shall proceed. If no such petition is filed with the county court within one (1) year after the filing of the assessment based upon the revised plans, the assessment of benefits shall be withdrawn by the commissioners, and nothing further shall be done toward the carrying out of the revised plans.
(b) If the petition, purporting to be signed by a majority in value, number, and acreage of the property owners, is filed within the one-year time limit, it shall be the duty of the county clerk to give notice by publication once a week for two (2) weeks, the last insertion to be not less than ten (10) days before the date fixed for the hearing, of a date when the county court will hear the petition and determine whether it is signed by the requisite majority and whether the assessment of benefits which has been based thereon shall be sustained.
(c) Notice may be in the following form:
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(d) On the day named in the notice, it shall be the duty of the county court to meet and to hear all persons who wish to be heard and first to determine whether a majority in numbers, acreage, or value of the landowners have petitioned for the doing of the work under the revised plans. If it finds that the majority have signed the petition, then it shall hear all persons who filed written complaints against the assessment of benefits of their own land or the lands of anyone else and determine whether the assessment of benefits is equitable and just, and to equalize it.
(e) From the action of the court any party aggrieved, including the commissioners of the district, may appeal to the circuit court. However, the appeal must be taken and perfected within thirty (30) days; in the circuit court, proceedings shall be deemed matters of public interest and heard at the earliest possible moment, and appeals from its decisions must be taken and perfected within thirty (30) days.
Section: Previous 14-121-402 14-121-403 14-121-404 14-121-405 14-121-406 14-121-407 14-121-408 14-121-409 14-121-410 14-121-411 14-121-412 14-121-420 14-121-421 14-121-422 14-121-423 NextLast modified: November 15, 2016