69-5-138 - Notice of hearing on establishment of district. - Tennessee Statutes

69-5-138. Notice of hearing on establishment of district.

(a)  Publication in a newspaper published in the county where the petition is filed and proceeding is pending, for two (2) consecutive weeks, of the time and place set for the hearing of the petition to establish such district, shall be sufficient notice to the persons concerned as owners, lienholders, encumbrancers, mortgagees, occupants, or in any way, whether residents or nonresidents of the state, the last publication to be at least ten (10) days before the date set for such hearing. Such notice by publication shall have the same force and effect upon those concerned who are not petitioners, and who are residents of the state, as well as nonresidents, for all purposes of the proceeding, as process would have duly issued from the court and served personally upon them by an officer. Such publication notice need not give the names of the persons thus notified to appear, but need give only a brief statement of the purpose of the hearing, a reference to the petition on file for further information, as to the purpose of the proceeding, before what court the petition is to be heard, and the time and place of the hearing. If the proposed district is to embrace lands in more than one (1) county, if established, such publication shall be made in one (1) newspaper published in each of the counties.

(b)  Subsection (a) is not intended to repeal any portion of this chapter, and shall not be so construed, but is intended to furnish an additional method of proceeding to bring the parties concerned before the court in proceedings seeking to establish drainage, or drainage and levee, districts, and to give petitioners the option of whether they will proceed under such other provisions of this chapter or under subsection (a) in giving notice to the parties concerned of such hearing, and in bringing them before the court.

[Acts 1915, ch. 62, §§ 1, 2; Shan., §§ 3871a160, 3871a161; Code 1932, §§ 4396, 4397; T.C.A. (orig. ed.), §§ 70-745, 70-746; T.C.A. § 69-6-138.]