Dismissal of petition if report is unfavorable; new proceedings.

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If the viewers report that the drainage is not practicable or that it will not benefit the public health or any public highway or be conducive to the general welfare of the community and the clerk of court shall approve such findings the petition shall be dismissed at the cost of the petitioners and the sureties upon the bond so filed by them shall be liable as aforesaid. Such petition or proceedings may again be instituted by the same or additional landowners at any time after six months upon proper allegations that conditions have changed or that material facts were omitted or overlooked.

HISTORY: 1962 Code Section 18-219; 1952 Code Section 18-219; 1942 Code Section 6099; 1932 Code Section 6099; Civ. C. '22 Section 3153; Civ. C. '12 Section 2199; 1911 (27) 92; 1914 (28) 755; 1920 (31) 1089.


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