547.030 Evidence at hearing; findings; appeal
211 words·~1 min read·
/or/ors-chapter-547/drainage-districts/547-030·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
547.030 Evidence at hearing; findings; appeal.
(1)At the hearing the court shall hear and consider any evidence that may be presented for or against the petition or any objection thereto.
(2)Thereupon the court shall make its findings upon the facts alleged in the petition or objections and any other facts necessary and proper for the determination of the propriety of the organization of the district, which findings shall be entered on the journal of the court.
(3)If it appears to the court that the prayer of the petition should be granted, the court shall, by its order entered of record, declare the drainage district organized.
(4)If it appears to the court that the prayer of the petition should not be granted, the proceedings shall be dismissed and the costs adjudged against the signers of the petition in proportion to the acreage represented by each.
(5)In making such findings and decision, the court shall disregard any error, irregularity or omission which does not affect substantial rights, and no such error, irregularity or omission shall affect the validity of the organization or any proceedings taken thereon.
(6)Appeal may be taken de novo from the decision of the court to the circuit court. [Amended by 1979 c.284 §168]