2005 Idaho Code - 50-2509 — FILING AND HEARING OF PROTESTS AND REQUESTS FOR INCLUSION

                                  TITLE  50
                            MUNICIPAL CORPORATIONS
                                  CHAPTER 25
                     UNDERGROUND CONVERSION OF UTILITIES
    50-2509.  FILING AND HEARING OF PROTESTS AND REQUESTS FOR INCLUSION. At
any time within the time specified in the notice, any owner of property liable
to be assessed for said work may make written protest against the making of
such improvement, or the creation of such district, or the benefits to be
derived by the real property in the district, and any property owner desiring
to be included in such district may make a written request for inclusion. Such
protests or requests must be in writing and be delivered to the clerk of the
governing body not later than 5 P.M. of the last day within said period.
    At time and place specified in the notice, the governing body shall meet
and shall proceed to hear and pass upon all protests and requests so made, and
its decisions shall be final and conclusive. Such hearing may be adjourned
from time to time to a fixed future time and place. If at any time during the
hearing, it shall appear to the governing body that changes in the proposed
improvements or the proposed district should be made, which, after
consultation with the public utilities concerned, appear to affect either the
cost or the feasibility of the improvement, the hearing shall be adjourned to
a fixed time and place and a new cost and feasibility report shall be prepared
on the basis of the contemplated changes. Notice and an opportunity to protest
shall again be given on the basis of such contemplated changes.
    If protests against the making of the improvement are received from the
owners of more than two-thirds (2/3) of the assessable property within the
proposed improvement district, the district and project shall be abandoned.

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