48-2636. Hearing on petition for inclusion of lands; order changing boundaries when petition unopposed; effect of failure to protest

A. The board of directors, at the time and place set forth in the notice required by section 48-2635, or at such other time or times to which the hearing of the petition is adjourned, shall hear the petition and all objections thereto presented in writing by any person showing cause why the proposed change of boundaries of the district should not be made.

B. The board of directors shall require, as a condition precedent to granting the petition, that the petitioners severally pay to the district such respective amounts, as nearly as can be estimated by the board, as the petitioners or their grantors would have been required to pay to the district as assessments had the lands been included in the district at the time it was originally formed.

C. If the board of directors deems it for the best interest of the district that the boundaries be changed, and if no person interested in the district or the proposed change of its boundaries shows cause in writing why the proposed change should not be made, or if he, having shown cause, withdraws his objection, the board may order that the boundaries of the district be changed to include the lands mentioned in the petition or any part thereof.

D. The order shall describe the boundaries as changed, and shall describe the entire boundaries of the district as changed, and for that purpose the board may cause a survey to be made of such portions of the boundary as deemed necessary.

E. Failure by any person interested in the district or in the proposed change of its boundaries to show cause in writing shall be deemed as assent on his part to a change of the boundaries of the district as prayed for in the petition or to such change in boundaries as will include any part of the lands set forth in the petition. Filing of the petition with the board shall be deemed an assent on the part of each and all of the petitioners to the change of the boundaries which will include the whole or any part of the lands described in the petition.