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Session Laws, 1937
Volume 412, Page 859   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 859

B. Within thirty (30) days after such a petition has been
filed with the State soil conservation committee, it shall
cause due notice to be given of a proposed hearing upon the
question of the desirability and necessity, in the interest of
the public health, safety, and welfare, of the creation of such
district, upon the question of the appropriate boundaries to be
assigned to such district, upon the propriety of the petition
and other proceedings taken under this Act, and upon all ques-
tions relevant to such inquiries. All occupiers of land within
the limits of the territory described in the petition, and of
lands within any territory considered for addition to such
described territory, and all other interested parties, shall
have the right to attend such hearings and to be heard. If
it shall appear upon the hearing that it may be desirable to
include within the proposed district territory outside of the
area within which due notice of the hearing has been given,
the hearing shall be adjourned and due notice of further hear-
ing shall be given throughout the entire area considered for
inclusion in the district, and such further hearing held. Af-
ter such hearing, if the committee shall determine, upon the
facts presented at such hearing and upon such other relevant
facts and information as may be available, that there is need,
in the interest of the public health, safety, and welfare, for
a soil conservation district to function in the territory con-
sidered at the hearing, it shall make and record such deter-
mination, and shall define, by metes and bounds or by legal
sub-divisions, the boundaries of such district. In making such
determination and in defining such boundaries, the committee
shall give due weight and consideration to the topography of
the area considered and of the State, the composition of soils
therein, the distribution of erosion, the prevailing land-use
practices, the desirability and necessity of including within
the boundaries the particular lands under consideration and
the benefit such lands may receive from being included within
such boundaries, the relation of the proposed area to existing
watersheds and agricultural regions, and to other soil conser-
vation districts already organized or proposed for organiza-
tion under the provisions of this Act, and such other physical,
geographical, and economic factors as are relevant, having
due regard to the legislative determinations set forth in sec-
tion 16 of this Act. The territory to be included within such
boundaries need not be contiguous. If the committee shall
determine after such hearing, after due consideration of the
said relevant facts, that there is no need for a soil conser-
vation 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

 

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Session Laws, 1937
Volume 412, Page 859   View pdf image (33K)
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