Louisiana § RS 38:1582 - Notice of intention to establish system; objections

§ RS 38:1582. Notice of intention to establish system; objections

A.  Any drainage district taking advantage of this Part shall, through its governing authority, be required to adopt a resolution giving notice of its intention to establish, acquire, construct, improve, extend, and maintain such drainage system or systems and other improvements herein authorized.  Such notice shall generally include the improvements contemplated, a list of streets or portions thereof or area or areas which are to be improved or drained, and the manner of payment therefor.  Such notice shall further contain substantially all things set forth in said resolution and shall state that the authority ordering the giving of such notice will, in open session on the date and at the time and place named, hear all objections to the proposed improvements and the manner of payment therefor.  Such notice of intention shall be forwarded to each affected property owner of record by U.S. mail at least twenty days prior to the date of the public hearing.  The drainage district, through its governing authority, shall cause to be executed an affidavit attesting to the fact that such notice has been mailed to each affected property owner of record, which affidavit shall serve as a proof of mailing.  

B.  After hearing and passing on the objections, the governing authority may order the proposed improvements constructed in the manner hereinafter provided.  However, the governing authority of any district shall not order the construction of the proposed improvements if there is filed at the public hearing written objections to the proposed improvements signed by the property owners owning more than one-half of the total front feet of property which will be assessed to pay the cost of said improvements, if the assessments are to be on a front foot basis, or signed by the property owners owning more than one-half of the total square footage of property which will be assessed to pay the cost of such improvements, if the assessments are to be on a square foot basis.  Such majority shall be determined after considering the front footage or square footage of all properties to be assessed and the owners of such portion shall be determined by the conveyance records of the parish.  

Added by Acts 1983, No. 708, §1.