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Session Laws, 1937
Volume 412, Page 871   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 871

28. DISCONTINUANCE OF DISTRICTS. At any time after five (5)
years after the organization of a district under the provisions
of this Act, any twenty-five (25) occupiers of land lying
within the boundaries of such district may file a petition with
the State soil conservation committee praying that the opera-
tions of the district be terminated and the existence of the
district discontinued. The committee may conduct such pub-
lic meetings and public hearings upon such petition as may
be necessary to assist it in the consideration thereof. Within
sixty (60) days after such a petition has been received by the
committee it shall give due notice of the holding of a
referendum, and shall supervise such referendum, and issue
appropriate regulations governing the conduct thereof. All
occupiers of lands lying within the boundaries of the district
shall be eligible to vote in such referendum. Only such land
occupiers shall be eligible to vote. 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.

The committee shall publish the result of such referendum
and shall thereafter consider and determine whether the con-
tinued operation of the district within the defined boundaries
is administratively practicable and feasible. If the committee
shall determine that the continued operation of such district
is administratively practicable and feasible, it shall record
such determination and deny the petition. If the committee
shall determine that the continued operation of such district
is not administratively practicable and feasible, it shall record
such determination and shall certify such determination to
the supervisors of the district. In making such determination
the committee shall give due regard and weight to the atti-
tudes of the occupiers of lands lying within the district, 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 discontinuance of the district to
the total number of votes cast, the approximate wealth and
income of the land occupiers of the district, the probable ex-
pense of carrying on erosion control operations within such
district, and such other economic and social factors as may be
relevant to such determination, having due regard to the
legislative findings set forth in Section 16 of this Act; provided,
however, that the committee shall not have authority to de-
termine that the continued operation of the district is adminis-
tratively practicable and feasible unless at least a majority
of the votes cast in the referendum shall have been cast in
favor of the continuance of such district.

Upon receipt from the State Soil Conservation Committee of

 

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Session Laws, 1937
Volume 412, Page 871   View pdf image (33K)
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