2006 Utah Code - 17A-2-757 — Special-benefit construction -- Terms -- Costs.

     17A-2-757.   Special-benefit construction -- Terms -- Costs.
     Any drain, ditch, canal, or drainage system, or any other desired special construction, reconstruction, betterment, or improvement for the special benefit of particular lands lying within an irrigation district, may be constructed and provision made to meet the cost thereof, as follows: The holders of title or evidence of title of one-quarter of the acreage proposed to be assessed for any such improvement may file with the board of trustees of the irrigation district a petition in writing, setting out the nature and general plan of the desired improvement, and specifying the lands proposed to be specially assessed therefor. Such petition shall be accompanied with a bond in such sum and with surety or sureties as may be required by the board of trustees, conditioned that the petitioners will pay the cost of the investigation of the proposed improvement and of the hearing on the petition if the same be not allowed. Upon the filing of such petition the board of trustees, with the assistance of a competent engineer, shall make an investigation of the feasibility, cost, and need of the proposed local improvement together with the ability of the land to pay such cost, and if same appears feasible they shall have plans and estimate of the cost thereof prepared. If the cost appears to the board to exceed the benefits to accrue therefrom, or if the lands proposed to be embraced within the local improvement district shall be found to be insufficient security for the return of the cost, or if a protest against the establishment of the proposed improvement signed by a majority of the holders of title to lands in the proposed local improvement district be presented at or prior to the hearing hereinafter provided for, or if in other respects the proposed local improvement district shall be found not feasible, the board shall dismiss the petition at the expense of the petitioners.

Amended by Chapter 254, 2000 General Session