Sec. 10. (a) Upon the hearing of a petition filed under section 4 of this chapter, an owner of real property within the proposed district may appear and contest the necessity for or utility of the establishment of the district.

(b) The court shall determine the following:

(1) Whether the petition is signed by twenty percent (20%) of the landowners in the proposed district.

(2) Whether the landowners represent at least twenty percent (20%) of the land in acreage included in the proposed district.

(c) If the court after hearing the evidence finds that a petition has not been signed as required by this chapter, the court shall dismiss the petition at the cost of the petitioners.

(d) If the court finds that:

(1) a petition has been signed by twenty percent (20%) of the owners of land within the proposed district; and

(2) the signers own at least twenty percent (20%) of the land in acreage;

the finding shall be entered of record and is conclusive upon all landowners owning land within the district who have been notified as required by this chapter.

(e) If it further appears to the court that:

(1) the establishment of the proposed district is necessary; or

(2) the district will be useful and a public utility;

the court shall adjudge the district established unless a remonstrance objecting to the establishment has been filed with the clerk of the court.

(f) A remonstrance filed under subsection (e) must contain the names of the following:

(1) Owners of at least two-thirds (2/3) of the acreage described within the proposed district.

(2) Owners of land abutting on at least fifty-one percent (51%) of the length of the ditch.

(g) The court shall give the district a distinguishing name.

[Pre-1995 Recodification Citation: 13-2-21-4(a), (b), (c) part.]

As added by P.L.1-1995, SEC.20.