48-1034. Objections; hearing on formation

A. Any person claiming an interest in real property which the resolution discloses is in the district may file a written objection with the clerk before 5:00 p.m. on the business day preceding the date set for the hearing. The objection may raise one or more of the following:

1. That the objector's property should be excluded from the district and stating the specific reasons.

2. That the district should not be formed, stating the specific reasons.

3. That the proposed rural road improvements should be modified, stating the reasons for modification.

B. At the hearing, including any adjournments or continuances, the board of supervisors shall hear and pass only on the written objections and the testimony and evidence presented with respect to those objections. The hearing shall be either transcribed by a court reporter or recorded by a tape recorder. The court reporter's transcript or a transcription of the tape recording certified to be true and correct by the clerk shall be filed in the board of supervisor's official records.

C. At the hearing the board of supervisors may hear and consider proposals to add areas to the proposed district on notice to owners of land both in the original proposed district and in the proposed addition.

D. In furtherance of the hearing, the clerk, on written request or praecipe being presented, shall issue subpoenas or subpoenas duces tecum to compel the testimony of any person or the submission of any documents at the hearing. Compliance with the subpoena shall be enforced as if the subpoena were issued by a clerk of the superior court.

E. Testimony at the hearing need not be under oath, unless requested by any owner or required by the board of supervisors. Requests by owners that the testimony be under oath must be made in writing and be filed with, or served on, the clerk before the hearing begins or the request is deemed waived.