Sufficiency of Petition Determined — Amendment of Petition — District Allowed or Refused — if No Claim for Damages, District Located and Established

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  1. The monthly county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form and substance, before final action on the petition; and if the court finds that the improvement district would not be for the public benefit or utility, or conducive to the public health or welfare, it shall dismiss the proceedings.
  2. If the court should find the improvement conducive to the public health or welfare, or to the public benefit or utility, it shall determine and adjudge the necessity of the road improvement district.
  3. If no claim for damages has been filed as provided for in §§ 54-12-136 — 54-12-151, the court may, if deemed advisable, locate and establish the district, or may refuse to establish the district, as the court deems best.


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