14-121-502. Formation procedure in county court.

14-121-502. Formation procedure in county court. (a)(1) When three (3) or more owners of real property within a proposed subdistrict, composed of land wholly within a drainage district, or partly within and partly without that district, shall petition the county court to establish a subdistrict to embrace their property, describing generally the region which it is intended shall be embraced within the subdistrict, and shall file a good bond to pay for the expense of the survey of the proposed subdistrict, in case the subdistrict is not formed, it shall be the duty of the county court to enter upon its records an order directing the commissioners of the main district to forthwith proceed to cause a survey to be made and to ascertain the limits of the region which would be benefited by the proposed system of improvements. (2) The commissioners shall cause a survey to be made and shall file with the county clerk a report showing the territory which will be benefited by the proposed improvement, giving a general idea of its character and expense and making suggestions as to the size of the drainage ditches and their location as the commissioners may deem advisable. They shall file their report with the county clerk. (3) All expenses incident to preparing those plans, estimates, and the cost of publication shall be paid from the funds of the main drainage district, as the work progresses, upon proper showing to the commissioners of the district. However, all expenses incurred by the subdistricts shall be repaid out of the proceeds of the first money received by the proposed subdistrict. (b)(1) The county clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published in the county or counties in which the subdistrict will be located, calling upon all persons owning property in the subdistrict to appear before the court on some day fixed by the court to show cause in favor of or against the establishment of the subdistrict. (2) At the time named in the notice, the county court shall meet and hear all property owners within the proposed subdistrict who wish to appear and advocate or resist the establishment of the subdistrict. (3) If it appears to the court that the petition is signed by three (3) or more owners of real property within the subdistrict and if it appears to the county court that the organization of the proposed subdistrict will be conducive to the public health, convenience, and welfare, and to the interest of the owners of real property therein, then it shall make an order upon its records to the terms and provisions of this act. (4) If the county court does not act promptly in complying with the terms of this section or any other section in this act essential to the creation and operation of the district, it may be compelled to do so by mandamus.