2005 Idaho Code - 43-1307 — CHARACTER OF PROCEEDINGS FOR CONFIRMATION

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 13
                         DISSOLUTION AND MODIFICATION
                                 OF DISTRICTS
    43-1307.  CHARACTER OF PROCEEDINGS FOR CONFIRMATION. Said proceedings
shall be in the nature of a suit to quiet title with respect to so much of the
land within said district as is affected by the proposal to modify or dissolve
the same. And the decree of the court approving a sale or transfer shall be
full and complete authority for carrying out the same and such decree shall
further set forth the basis and terms of sale or transfer and the basis of
participation by the owners in said district in such sale or transfer. In such
proceedings the board of directors shall be the parties plaintiff and the
holders of any obligations of the district, including obligations which are or
might become liens against any of said lands, are parties defendant. The
provisions of sections 6658, 6659 and 6660 of Idaho Compiled Statutes
[Sections 5-325, 5-326 Idaho Code], so far as they can be made applicable,
shall govern generally the pleadings, summons, proceedings and force and
effect of the decree: provided, that the petition may be in form against all
persons having interest in or claim against the district, without naming them,
and the summons, directed in same way, and setting forth briefly the purposes
of the petition, shall be by publication in the first instance or order of the
court or a judge thereof and service on all parties interested, whether
unknown owners, heirs, devisees, claimants or otherwise, shall be deemed
complete at the time prescribed by the order for publication; and, unless
answer be made by any one interested in or making claim against said district,
within twenty (20) days after such last day of publication, default may be
entered.

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