85-8-111. Notice of hearing. (1) On the filing of a petition under 85-8-101, the court or judge shall make an order fixing a time and place of hearing on the petition and ordering notice. The clerk of court for the county in which the proceedings are instituted shall cause 20 days' notice of the filing of the petition to be given:

(a) by posting notice in at least five of the most public places in the proposed district in which the work is to be done;

(b) by serving or causing to be served a copy of the notice on each owner of land within the proposed district residing in any county in which any lands in the proposed district are situated, either personally or by leaving a copy of the notice at the owner's last usual place of residence with a person of suitable age and discretion, to whom its contents must be explained; and

(c) by publishing a copy at least once a week for 3 successive weeks in some newspaper published in each county from which any part of the district is proposed to be taken. If there is no newspaper in any county, the notice may be published in a newspaper published in an adjoining county.

(2) The notice must:

(a) state in what court the petition is filed;

(b) state briefly the starting points, routes, and termini of drains, ditches, and levees;

(c) give a general description of the proposed work;

(d) give the proposed boundaries of the district or a general description of all the lands in the proposed district;

(e) give the name proposed for the drainage district; and

(f) state the time and place fixed by the court when and where the petitioners will request a hearing on the petition.

History: En. Sec. 4, Ch. 129, L. 1921; re-en. Sec. 7268, R.C.M. 1921; re-en. Sec. 7268, R.C.M. 1935; R.C.M. 1947, 89-2205; amd. Sec. 2802, Ch. 56, L. 2009.