85-8-403. Court order -- dismissal of petition. - Montana Statutes

     85-8-403. Court order -- dismissal of petition. (1) A landowner or corporation may, at any time prior to 5 days before the date fixed for the hearing under 85-8-402, file objections to the petition. A copy of the objections must be delivered to the attorney for the commissioners, if they have an attorney of record, or to the presiding officer of the board of commissioners of the district, if there is no attorney of record, prior to filing the original objections with the clerk of court.
     (2) If objections are made and filed by the owners of at least 75% in area of the lands in the district, the petition must be dismissed and further proceedings may not be taken. If the owners of less than 75% in area of the lands in the district object to the petition, then, on the date fixed for hearing or upon any day to which the hearing may be adjourned, the court having jurisdiction will hear testimony in support of and in opposition to the petition.
     (3) After the hearing, the court shall determine whether the proposed alteration or addition is necessary and whether it will be beneficial to the district and improve the drainage system of the district and shall either approve or deny the petition or modify and change the proposed alteration or addition. If the court approves the petition or modifies and changes the alteration or addition proposed, the court shall by order direct the commissioners to proceed with the work with all convenient speed.
     (4) As far as possible, the hearing must be conducted as other hearings and trials in the district courts of the state of Montana, and the laws of the state of Montana with reference to hearings and trials, as far as applicable, govern in the conduct of the hearings.

     History: En. Sec. 7364E by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.5, R.C.M. 1935; amd. Sec. 2, Ch. 70, L. 1953; R.C.M. 1947, 89-2704; amd. Sec. 2815, Ch. 56, L. 2009.