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Section 38-8-2 - Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.

38-8-2. Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory. Within sixty days after a petition under § 38-8-1, has been filed with the State Conservation Commission, the commission shall publish due notice as defined in § 38-7-2 of a hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of a conservation district, upon the question of the appropriate boundaries to be assigned to the district, upon the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries. Any occupier of land within the limits of the territory described in the petition, of lands within any territory considered for addition to such described territory, and any other interested party, may attend such hearings and be heard. If it appears 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 hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (2); SL 1994, ch 316, § 2.

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