Whenever:

(1) A petition, signed by a majority of the resident landowners in a proposed drainage district or by the owners of more than half the land in acreage which will be affected by, or assessed for the expense of the proposed improvements, shall be filed in the office of the clerk of court of common pleas of any county in which a part of such lands are located, setting forth that any specific body or district of land in the county and adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow or too wet for cultivation and the public benefit or utility or the public health, convenience or welfare will be promoted by draining, ditching or leveeing such land, by changing or improving the natural watercourses or by the installing of tile systems, and setting forth therein, as far as practicable, the starting point, route and terminus and lateral branches, if necessary, of the proposed improvement and

(2) There is filed therewith a bond for the amount of one hundred dollars per mile for each mile of the proposed improvement, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the clerk of such court of common pleas, conditioned for the payment of all expenses and costs incurred in the proceedings in case the clerk of court does not grant the prayer of the petition,

The clerk shall issue a summons to be served on all the landowners who have not joined in the petition and whose lands are included in the proposed drainage district, so far as the clerk has been able to ascertain them. The failure to serve those landowners whose names were unknown to the clerk shall have no effect upon the proceedings if they are made parties to the proceedings as provided in Section 49-17-630.

HISTORY: 1962 Code Section 18-213; 1952 Code Section 18-213; 1942 Code Section 6097; 1932 Code Section 6097; Civ. C. '22 Section 3151; Civ. C. '12 Section 2197; 1911 (27) 92; 1914 (28) 455; 1915 (29) 199; 1920 (31) 1089.