Okla. Stat. tit. 82 § 502

Current through Laws 2024, c. 453.

Section 502 - Organization of districts - Petition - Notice

When in the opinion of the Conservation Commission of the State of Oklahoma, the organization of irrigation, flood control, reforestation and/or soil erosion prevention districts is necessary and expedient to effect the purposes and intentions of House Bill No. 84, of the Fifteenth Legislature and all laws to which said act is cumulative, said Commission may perfect the organization of said district or districts by filing with the court hereinafter prescribed a petition alleging the necessity of said district, describing with common certainty the area proposed to be included therein and praying for an order of the court directing the formation and organization thereof. Upon the filing of such petition, without affidavit or further pleading, the clerk of such court shall give notice to all persons interested in or affected by the formation of any such district by publication once a week for two successive weeks in a newspaper, published in the county seat of each county in which any part of the proposed district is located. Said notice shall run in the name of the State of Oklahoma, shall be captioned "In the matter of the formation of the ....... conservancy district" and shall be addressed "To all persons interested" in the formation thereof; said notice shall recite the filing of such petition and describe with common certainty the area proposed to be included in such district and shall notify all persons interested or affected by the organization of such district to appear in not less than fifteen (15) days after the date of the first publication of said notice and show cause, if any they have, why such district should not be organized.

(a) In cases where all of said proposed district lies within one county, the petition for the organization thereof shall be filed with the district court of such county and where the proposed district lies in more than one county, but within one judicial district, such petition may be filed in either county of such judicial district.

(b) In cases where the proposed conservancy district lies in more than one judicial district, the petition for the formation thereof shall be filed in the Supreme Court of the State of Oklahoma. When such petition is filed in the Supreme Court of the State of Oklahoma, the clerk shall docket the same as an original action in such Court and the Supreme Court or any member thereof, shall forthwith determine which district court of this state is more conveniently near the center or middle of said proposed district and can hear and determine said petition to the greatest convenience of the people within said district, having in view the customary route of travel; and shall thereupon refer and assign said petition and proceeding to such district court and direct the hearing, determination and control and administration of such proceeding as an original action therein.

Okla. Stat. tit. 82, § 502

Laws 1935, HB 221, p. 343, § 2, emerg. eff. 4/26/1935.