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This entry was published on 2014-09-22
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SECTION 15-1915
Proceedings for formation of district
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1915. Proceedings for formation of district.

1. At the hearing the department shall hear all persons affected by
the formation of the proposed district. The department may change the
tentative boundaries of the proposed district, but in that case a new
hearing shall be held thereon after due notice thereof.

2. After the final hearing the department shall determine whether or
not the tentative boundaries as described include all the lands which
should be included in the district and exclude as far as is reasonably
possible all lands which will not be benefited by drainage; whether or
not the lands included therein will be made more productive by drainage,
the public health, safety or welfare will be benefited thereby and it
will be to the public interest to form the drainage improvement district
and carry out further proceedings for final fixation of boundaries or
whether the application should be rejected. It shall embody such
determination and disposition of the case in a written order, which
shall be filed and notice of such filing given.

3. If the decision is favorable, such order shall declare the district
to be formed and shall direct the making of surveys and the taking of
the remainder of the proceedings for final fixation of boundaries for
the district all as provided by sections 15-1917 to 15-1927, inclusive.
Thereupon the order may be reviewed as provided by section 15-0905, and
in due course shall be recorded.

4. The district shall be held to have been formed on the date of such
order, but such formation shall not be effective until such order, as
made or modified on review, shall have been recorded.