85-8-402. Hearing -- notice and service. Upon the filing of a petition under 85-8-401, a judge of the district court shall set the petition for hearing and direct the clerk of court to give notice of the hearing. The notice must contain a concise statement of the proposed alteration or addition and the estimated cost of the alteration or addition. The notice must be served and published at least 20 days before the date fixed for the hearing. Service of the notice must be made by certified mail, addressed to each landowner and corporation that may be liable for the payment of any portion of the cost of making the alteration or addition, at the landowner's or corporation's post-office address, if the address can be ascertained by the exercise of due diligence. The notice must be published once a week for 20 days prior to the date of the hearing in a newspaper, to be designated in the order fixing the date for the hearing, published in the county where the court is held. However, if all interested landowners and corporations are served, the notice need not be published.
History: En. Sec. 7364D by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.4, R.C.M. 1935; R.C.M. 1947, 89-2703; amd. Sec. 2814, Ch. 56, L. 2009.
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