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This entry was published on 2014-09-22
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SECTION 15-1981
Powers of association; limitations; voluntary dissolution
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1981. Powers of association; limitations; voluntary dissolution.

1. The association shall have:

a. Power to construct, maintain and keep in repair the drainage
project described in the articles of association;

b. Power to sue and be sued and to enter into contracts to carry out
its purposes;

c. Power to make application, pursuant to section 15-1983, to acquire
the right to construct, maintain and keep in repair, on the lands of
others, that part of the drainage project as so described in the
articles of association; and

d. No power to issue bonds or other evidences of indebtedness.

2. All actions of the association shall be taken by a majority vote,
except as hereinafter provided, of those members present at a duly
called meeting at which a quorum is present. Each member shall have but
one vote regardless of the number of parcels of drainable acreage owned
by him and included within the drainage section. If there be more than
one owner of a parcel or parcels of drainable acreage, such owners shall
be entitled collectively to but one vote.

3. No drainage section association shall be formed in an area within a
presently existing drainage improvement district. The formation of such
an association shall not prevent the inclusion of the aggregate drained
acreage within a drainage improvement district hereafter created, in
which event the association shall be deemed to be dissolved, except for
the purpose of meeting and paying its existing liabilities for debts,
costs, expenses and fees.

4. A voluntary petition to dissolve the association may be made to the
Supreme Court upon petition of the president of the association when
authorized to do so by the affirmative votes of three-fourths of the
members present at a special meeting called for that sole purpose and at
which a quorum is present. Ten days' notice, in writing of the time and
place of the presentation of such a petition shall be given to all
members and to non-members, if any, upon whose lands drainage works
shall have been constructed in accordance with the articles of
association. Public notice of the presentation of the petition shall
also be given by a notice stating the time and place of such
presentation, published once in two consecutive weeks prior to such time
in a paper published in the county in which the articles of association
have been recorded. The court, after hearing all interested persons, may
grant an order dissolving the association, upon such terms and
conditions as in its discretion are merited. The court shall not grant
such order in the absence of proof that the association has no
outstanding indebtedness. An order dissolving the association shall be
recorded in the office of the county clerk in which the articles of
association have been recorded and shall direct the county clerk to
index it under the name of the association in the index of grantors of
real property.