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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 211   View pdf image (33K)
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AGRICULTURE 211

relevant facts, that there is no need for a soil conservation district to
function in the territory considered at the hearing, it shall make and
record such determination and shall deny the petition. After 6 months
shall have expired from the date of the denial of any such petition, subse-
quent petitions covering the same or substantially the same territory may
be filed as aforesaid and new hearings held and determinations made
thereon.

C. After the committee has made and recorded a determination that
there is need, in the interest of the public health, safety and welfare, for
the organization of a district in a particular territory and has defined the
boundaries thereof, it shall consider the question whether the operation
of a district within such boundaries with the powers conferred upon soil
conservation districts in this sub-title is administratively practicable and
feasible. To assist the committee in the determination of such adminis-
trative practicability and feasibility, it shall be the duty of the committee,
within a reasonable time after entry of the finding that there is need for
the organization of the proposed district and the determination of the
boundaries thereof, to hold a referendum within the proposed district upon
the proposition of the creation of the district, and to cause due notice
of such referendum to be given. All occupiers of lands lying within the
boundaries of the territory, as determined by the State soil conservation
committee, shall be eligible to vote in such referendum. Only such land
occupiers shall be eligible to vote.

D. The committee shall pay all expenses for the issuance of such notices
and the conduct of such hearings and referenda, and shall supervise the
conduct of such hearings and referenda. It shall issue appropriate regula-
tions governing the conduct of such hearings and referenda, and providing
for the registration prior to the date of the referendum of all eligible
voters, or prescribing some other appropriate procedure for the deter-
mination of those eligible as voters in such referendum. No informalities
in the conduct of such referendum or in any matters relating thereto shall
invalidate said referendum or the result thereof if notice thereof shall have
been given substantially as herein provided and said referendum shall
have been fairly conducted.

E. The committee shall publish the result of such referendum and shall
thereafter consider and determine whether the operation of the district
within the defined boundaries is administratively practicable and feasible.
If the committee shall determine that the operation of such district is not
administratively practicable and feasible, it shall record such determination
and deny the petition. If the committee shall determine that the opera-
tion of such district is administratively practicable and feasible, it shall
record such determination and shall proceed with the organization of the
district in the manner hereinafter provided. In making such determination
the committee shall give due record and weight to the attitudes of the
occupiers of lands lying within the defined boundaries, the number of land
occupiers eligible to vote in such referendum who shall have voted, the
proportion of the votes cast in such referendum in favor of the creation
of the district to the total number of votes cast, the approximate wealth
and income of the land occupiers of the proposed district, the probable
expense of carrying on erosion-control operations within such district, and
such other economic and social factors as may be relevant to such deter-
mination, having due regard to the legislative determinations set forth
in Section 46 of this Article; provided, however, that the committee shall


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 211   View pdf image (33K)
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