48-1706

48-1706. Application for inclusion of additional lands prior to organization of district; condition precedent to application

A. All persons who have not been included in the proposed district may appear before the board of supervisors as parties interested in and affected by the organization of the district and may request that their lands be included. If the land thus sought to be included in the district is patented or fee lands and the owners so petition, the lands thus proposed shall be included by the board if it can be done without materially increasing the cost of service. The board shall take into account the shape of the proposed parcel or parcels, whether service can equitably be rendered to users in the territory and all other circumstances having a bearing on the right of including such lands.

B. No application for inclusion shall be considered unless the lands are all patented or held in fee, and all the owners join in the application, but with reference to parcels when less than all owners join in the application, the applications shall be made under the provisions of this chapter relating to inclusion of lands after the organization has been completed as requested in the original petition.