43-407. CONFIRMATION OF PROCEEDINGS — NOTICE — RULES OF PROCEDURE. The court or judge shall fix the time for the hearing of said petition, and shall order the clerk of the court to give a notice of the filing of said petition. Such notice shall be given by publication in a newspaper published in the same county in three (3) successive issues if published in a daily newspaper, or by publication in one (1) issue if published in a weekly newspaper, the first of which publications shall be at least fifteen (15) days before the date fixed for said hearing. Additionally, the notice shall, not less than fifteen (15) days before the date fixed for said hearing, be mailed to each owner of such land, if known, or his agent if known, addressed to such person at his post-office address if known, or if unknown, to the post office serving the area wherein his land lies. The notice shall state the time and place fixed for the hearing of the petition, and the prayer of the petition, and that any person interested in the subject-matter of said petition may, on or before the day fixed for the hearing thereof, demur to or answer said petition. None of the pleadings in said matter need be sworn to. Every material statement of the petition not controverted by answer must be taken as true, and every person or party failing to answer the petition shall be deemed to have admitted all the material allegations of the petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not inconsistent with this title are applicable to the special proceedings herein provided for. A motion for a new trial, and all proceedings in the nature of appeals or rehearing, may be had as in any ordinary suit at law.

History:

[(43-407) 1903, p. 150, sec. 17; am. 1907, p. 484, sec. 1, subd. 17; reen. R.C. & C.L., sec. 2402; C.S., sec. 4365; I.C.A., sec. 42-407; am. 1974, ch. 2, sec. 2, p. 14.]