69-5-136 - Establishment or refusal of district. - Tennessee Statutes

69-5-136. Establishment or refusal of district.

The county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall proceed to determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form and substance, before final action on the petition. If the court finds that such levee or drainage or improvement district would not be for the public benefit or utility, or conducive to the public health or welfare, it shall dismiss the proceedings; but if the court finds such improvement conducive to the public health or welfare, or to the public benefit or utility, it shall determine and adjudge the necessity for the improvement of such district, and if no claim for damages has been filed, as provided in § 69-5-201, the court may, if deemed advisable, locate and establish the district, or may refuse to establish the same, as the court may deem best.

[Acts 1909, ch. 185, § 6; Shan., § 3871a32; Code 1932, § 4249; T.C.A. (orig. ed.), § 70-743; T.C.A. § 69-6-136.]