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Session Laws, 1912
Volume 370, Page 985   View pdf image
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PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 985

trict, such publication to be made for at least two weeks before
the final hearing. During this time a copy of the report shall
be on file in-the office of the Clerk of the County Commis-
sioners, and shall be open to the inspection of any landowner or
other person interested within the district.

SEC. 10. Be it enacted, That it shall be the duty of the
clerk of the Board of County Commissioners to summon or
cause to be summoned all defendant landowners, who have not
signed the petition, when they are known to him or to the
viewers, and if it shall appear to the clerk by affidavit or other-
wise that the owner or owners of the whole or any share of
any tract or tracts of land whose names are unknown and can-
not after due diligence be ascertained by the petitioners, the
clerk shall give notice in the nature of a summons to be given
to all such persons by publication of the petition or of the sub-
stance thereof, and describing generally the tract or tracts of
land as to which the owner or owners are unknown, with the
order of the commissioners thereon, in some newspaper pub-
lished in the county wherein the land is located. Such notice
shall name the day upon which the Board of County Commis-
sioners will hold their final hearing before declaring the drain-
age district established. This notice shall be printed for four
consecutive weeks prior to the date of the hearing.

SEC. 11. Be it enacted, That at the date set for hearing any
landowner may appear in person or by counsel and file hie
objection in writing to the report of the viewers; and it shall
be the duty of the board to carefully review the report of the
viewers and the objections filed thereto, and make such changes
as are necessary to render substantial and equal justice to all
the landowners in the district. If, in the opinion of the board,
the cost of construction, together with the amount of damages
assessed, is not greater than the benefits that will accrue to the
land affected, the board shall confirm the report of the viewers,
and declare the drainage district as established. If, however,
the board finds that the cost of construction, together with the
damages assessed, is greater than the resulting benefit that will
accrue to the lands affected, the board shall dismiss the pro-
ceedings at the cost of the petitioners, and the sureties upon
the bond so filed by them shall be liable for such costs.

SEC. 12. Be it enacted, That the clerk of the Board of
County Commissioners shall provide a suitable book, to be
known as the "Drainage Record," in which he shall transcribe
every petition, motion, order, report, judgment or findings of
the board in every drainage transaction that may come before

 

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Session Laws, 1912
Volume 370, Page 985   View pdf image
 Jump to  
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