85-7-2017. Hearing and procedure in the district court. (1) Upon the filing of a petition in the district court, the court shall fix the time for the hearing of the petition, which may not be less than 15 days from the date of filing the petition in the court, and shall order the clerk of the court to give notice of the filing of the petition and the date of the hearing by publication at least once a week for 2 weeks in a newspaper published or of general circulation in the county where the office of the board of commissioners of the district is situated and also by posting a written or printed copy of the notice in at least three public places in each division of the district. The first publication and posting may be not less than 15 days prior to the date fixed for the hearing.

(2) The notice must state the substance of the petition and the time and place fixed for the hearing on the petition and that any person interested in or whose rights may be affected by the issuance or sale of the bonds, the levy of the special tax or assessment, or the proceedings had or to be had by the board of commissioners with respect to those matters may, on or before the day fixed for the hearing of the petition, answer the petition and may appear at the hearing and contest the granting of the request of the petition and the entry of any order of confirmation.

(3) The provisions of Title 25 respecting the answer to a verified complaint are applicable to an answer to the petition. The persons answering the petition are the defendants in the proceeding, and the board of commissioners is the plaintiff. Every material statement of the petition not specifically controverted by the answer must be taken as true, and every holder of title or evidence of title to lands included in the district failing to answer the petition is considered to admit as true all the material statements of the petition. The procedure in the action is determined by Title 25.

(4) A person interested in or whose rights may be affected by the issuance or sale of the bonds, the levy of the special tax or assessment, or the proceedings had or to be had by the board of commissioners of the district in connection with the matters and the entry of any order of confirmation may enter an appearance in the proceedings and answer the petition and contest the granting of the request of the petition.

History: En. Sec. 41, Ch. 146, L. 1909; re-en. Sec. 7211, R.C.M. 1921; amd. Sec. 1, Ch. 161, L. 1923; amd. Sec. 2, Ch. 185, L. 1929; re-en. Sec. 7211, R.C.M. 1935; amd. Sec. 27, Ch. 460, L. 1977; R.C.M. 1947, 89-1704(3) thru (6); amd. Sec. 2794, Ch. 56, L. 2009.