§322-26 Hearing, decision.
308 words·~1 min read·
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§322-26 Hearing, decision. Upon receiving any appeal from the comptroller, the court shall appoint three disinterested persons who shall sit as a board to hear and determine the appeal in conformity with chapter 91. They shall have power to determine whether or not the land is deleterious to the public health and whether the improvements of the nature designated in the notice are required, and if the improvements are not required, what, if any, improvements are required in order to render the lands sanitary.
The board shall also have power upon any appeal to determine the amount to be in conformity with section 322-30, apportioned to and assessed against each lot or parcel for drains or ditches and for the lands acquired therefor and for all other cost, if any, of the drainage system, and whether or not any lands are improperly included in or excluded from the drainage district. The decision of a majority of the board as to the necessity and nature and extent of the improvements and as to the apportionment of the cost of any drainage system shall be final and conclusive upon all parties in interest, unless an appeal is taken as provided in chapter 91.
The board shall appoint a time and place for hearing, first giving reasonable notice thereof to the director of health, the comptroller, and the owner or occupant of the land in question. Service of notice shall be as provided in section 322-24. As compensation for their services each member of the board is entitled to receive $5 for each day of actual service. [L 1896, c 61, §5; am L 1911, c 112, §5; am L 1915, c 190, §4; RL1925, §980; RL 1935, §1330; RL 1945, §2721; RL 1955, §47-25; am L 1965, c 96, §30;
HRS §322-26]
Rules of Court
Appeal, see HRCP rule 72.