Oklahoma § 82-545 - Hearing on petition - Objections - Declaration of

§ 82-545. Hearing on petition - Objections - Declaration of

organization - Corporate powers - Appeal - Decree as final order.

Any owner of real property in said proposed district who wishes

to object to the organization and incorporation of said district

shall, on or before the date set for the cause to be heard, file, by

attorney or in person, his objections why such district should not

be organized and incorporated. Such objections shall be heard by

the court as an advance case without unnecessary delay. Upon the

said hearing if it shall appear that the purpose of this act would

be subserved by the creation of the conservancy district, and that

fifty-one percent (51%) or more of the landowners and number of

acres of land within the proposed district have filed written

petitions requesting formation of said district, and that by the

date of said hearing fifty-one percent (51%) of the number of owners

and acres of land in the proposed district have not filed written

protest against the formation of the district, the court shall after

hearing all evidence and objections, as justice and equity require,

by its findings, duly entered of record, adjudicate all questions,

and declare the district organized and give it a corporate name, as

"Conservancy District No. ______ of the State of Oklahoma," by which

in all proceedings it shall thereafter be known. The district shall

be a body corporate with all the powers of a corporation, shall have

perpetual existence, with power to sue and be sued to the same

extent as an individual in like cases, to incur debts, liabilities

and obligations; to exercise the right of eminent domain and of

taxation and assessment as herein provided; to issue bonds and to do

and perform all acts as herein expressly authorized and all acts

necessary and proper for the carrying out of the purpose for which

Oklahoma Statutes - Title 82. Waters and Water Rights

the district was created, and for executing the powers with which it

is invested. In such decree the court shall designate the general

description of the outline of said district substantially as set out

in petition and designate the place where the office or principal

place of business of the district shall be located, which shall be

within the corporate limits of the district, if practicable, and if

not practicable, within one of the counties affected by the

districts and which may be changed by order of court from time to

time. The regular meetings of the board of directors shall be held

at such office or place of business but for cause may be adjourned

to any other convenient place. The official records and files of

the district shall be kept at the office so established. If the

court finds that the property set out in said petition should not be

incorporated into a district, it shall dismiss said proceedings and

adjudge the costs against the signers of the petition in the

proportion of the interest represented by them. Any petitioner may

within sixty (60) days after the refusal, appeal from an order

refusing to establish or establishing such district, to the Supreme

Court of the State of Oklahoma, upon giving bond in a sum to be

fixed by the Court. After an order is entered establishing the

district, such order shall, unless appeal be taken within ninety

(90) days, be deemed final and binding upon the real property within

the district, and shall finally and conclusively establish the

regular organization of the said district, except as to

jurisdictional questions, against all persons, except the State of

Oklahoma upon suit commenced by the Attorney General. Any such suit

by the Attorney General must be commenced within thirty (30) days

after said decree declaring such district organized as herein

provided, and not otherwise. The organization of said district

shall not be directly or collaterally questioned in any suit, action

or proceeding except as herein expressly authorized, except as to

jurisdictional questions.

Laws 1923-24, c. 139, p. 165, § 7; Laws 1927, c. 70, p. 94, § 7;

Laws 1955, p. 471, § 2; Laws 1963, c. 271, § 4, emerg. eff. June 13,

1963.