The District Organization LawFinal Hearing
Section § 58090
This law requires the supervising authority to set the date and location for the final hearing on a petition. They must also ensure the clerk notifies the relevant parties about the hearing.
Section § 58091
This section outlines what must be included in a notice for a final hearing about forming a special district. The notice should include the district's name and type, where to view the petition, the district's boundaries, and estimated initial tax rate. It must also specify the hearing details and mention that any protests or land inclusion/exclusion requests will be addressed.
Section § 58092
The clerk is responsible for notifying involved parties about when the final hearing will take place.
Section § 58093
This law section says that if there is a clerical error in the notice for a hearing, the supervising authority can still continue with the hearing. The error does not invalidate any actions taken on the petition.
Section § 58094
If there's a big mistake in the notice about a hearing, the person in charge has to schedule a new date for the hearing and send out a corrected notice.
Section § 58095
If the authorities in charge find that a petition doesn't meet legal requirements, the case can be dismissed. However, this doesn't prevent someone from filing a new petition about the same issue in the future.
Section § 58096
This law states that if the supervising authority decides that a petition and its notice are genuine and enough, that decision is final and binding on everyone, except the State. However, the State, through an action brought by the Attorney General, has one year to challenge this decision after the district's boundaries are officially set.
Section § 58097
If there's a meeting about creating a new district, anyone who cares about it can speak up or submit their opinion in writing during the meeting.
Section § 58098
Section § 58099
If you want to formally object to something being discussed at a final hearing, you need to submit your written protest to the clerk before that hearing takes place.
Section § 58100
The hearing can be delayed, but the postponement must not go beyond a total of 60 days.
Section § 58101
If you own land in an area that might become part of a new district, you can officially ask to have your land left out during a hearing.
Section § 58102
Section § 58103
If more than half of the property owners in a proposed district, based on property value, object to its formation, then the process to create the district will stop. The authority in charge must halt the proceedings if these objections are made.
Section § 58104
This law states that if a proposal for creating a district is rejected or terminated, the authority in charge cannot consider any new proposals or petitions for forming that same district for the same project until at least one year has passed since the termination was ordered.
Section § 58105
This law states that during the final hearing, if the supervising authority decides the project is practical, financially viable, and benefits the public, they will establish the limits of the proposed district.
Section § 58105.1
This law states that during the final hearing, if the supervising authority decides that a project or proposed district is impractical, financially unsound, or not beneficial to the public, they have the right to stop the process.
Section § 58106
This law explains that during the final hearing of a project, officials must decide if each piece of land in question will benefit from the project. They have to specifically address any written requests from landowners who want their land excluded, examining things like current and future land use, the area's landscape, and details of the project. If the land currently hosts utilities like railroads or power lines, it is seen as permanently used for that purpose.
Lands can only be included if they're deemed beneficial to the project or district. If some lands are excluded, they can't later be added back without strong evidence showing changes that would justify inclusion.
Section § 58107
The authority in charge can include a property at the owner’s request. Alternatively, they can do so after notifying the owner and holding a hearing.
Section § 58108
The clerk has the responsibility to send a notice about land inclusion to landowners. They must also mail this notice to anyone who has informed the clerk of their interest in the land, using the addresses listed in county assessment records.
Section § 58109
This law requires that a notice must specify the land that is proposed for inclusion in a matter, and it should also mention when and where any objections to this proposal will be heard.
Section § 58110
This law states that if the supervising authority decides a district should be created, they must pass a resolution to define its boundaries and choose a name for it. The name can be the one suggested in the petition or a different name chosen by the authority.