257.070. Survey of district made, when--notice, objections, disposition--order of court, appeal. - Missouri Statutes

Survey of district made, when--notice, objections, disposition--orderof court, appeal.

257.070. 1. If the court finds the petition worthy it shallappoint a surveyor to determine the boundaries of the river basinand such other related boundaries that the court deems necessaryfor the proper establishment of the proposed district as providedin this chapter. The surveyor so appointed shall make a reportin writing, accompanied by a map of the proposed district uponwhich the required boundaries shall be clearly delineated. Thereport and map shall be filed with the clerk of the court andshall thereafter be taken and considered as a part of theoriginal petition on file in the case.

2. Immediately after the filing of the surveyor's report andmap, the clerk of the court shall cause notice by publication tobe made of the pendency of the petition and of the time and placeof the hearing thereon as fixed by the court. The notice bypublication shall be made in each county which, in all or part,is within or appears to be within the proposed district. Thenotice shall refer all persons and public corporations concernedin the proceeding to the report and map of the proposed districtfor the lines bounding the property proposed to be includedwithin the district.

3. Any owner of property in the proposed district whoindividually may not have signed a petition or who has finallywithdrawn his name therefrom in writing and in open court, andwho wishes to object to the organization of the district shall,on or before the date set for the cause to be heard, file hisobjections in writing why the district should not be organized.The objections shall be heard by the court as an advanced casewithout unnecessary delay.

4. If, at any time after the surveyor's report and map arefiled and before the hearing is concluded, the court finds adeficiency in the number of required petitioners from any countywithin or partly within the proposed district, it shall allow thepetitioners to correct such deficiency.

5. Upon the hearing

(1) If it appears that the purpose of this chapter would besubserved by the creation of a river basin conservancy district,the court shall, after disposing of all questions and objectionsas justice and equity require, including changes or adjustmentsin the proposed boundary of the district, adjudicate allquestions of jurisdiction, declare the district organized for thepurposes of a referendum, give it a name by which it shallthereafter be known, and issue the necessary orders for areferendum and first board election as provided for herein.

(2) If the court finds the jurisdiction to be in anothercounty and another court, the proceedings shall be transferredforthwith by the court to the proper jurisdiction and shallprogress as though initiated originally in the new jurisdiction.Upon such an order of transfer the transferring court shall causenotice by publication to be made of the order.

6. If the court finds that the area described in thepetition should not be organized as a district, it shall dismissthe proceedings and adjudge the costs against the signers of thepetition.

7. Any party to the proceeding may within the term of courtduring which the petition was dismissed or granted, or withintwenty days after the dismissal or grant of the petition, appealfrom an order refusing to organize or organizing the district, tothe supreme court of the state, upon giving bond in a sumsufficient to secure the costs of the appeal, whereupon thesupreme court shall give the appeal priority on its docket.

(L. 1959 S.B. 199 § 7)