Dissolution of district if cost adjudged excessive.

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If, after determining the objections made to the commissioners' report, the court shall find that the estimated costs of works and improvements as reported by the board of commissioners or as amended by the court exceed the estimated benefits, the court shall then render its decree declaring the incorporation of the district to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of supervisors, shall have been paid and if the uniform tax levied under the provisions of Section 49-19-1210 be found insufficient to pay all such costs the board of supervisors shall make such additional uniform tax levies as will be necessary to pay such deficiency. In estimating the cost of constructing the work and improvements of the district the amount of interest that might accrue upon bonds that may be issued by the board of supervisors under the provisions of this chapter shall not be considered as a part of the cost of construction.

HISTORY: 1962 Code Section 18-485; 1952 Code Section 18-485; 1942 Code Section 6191; 1932 Code Section 6191; Civ. C. '22 Section 3245; 1920 (31) 663.


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