69-27-19 - Soil and water conservation districts; referendum; commission to pay expenses.
§ 69-27-19. Soil and water conservation districts; referendum; commission to pay expenses.
(1) After the committee has made and recorded a determination that there is need, in the interest of public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil and water conservation districts in this article is administratively practicable and feasible. To assist the committee in the determination of such administrative practicability and feasibility, it shall be the duty of the committee, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words "for creation of a soil and water conservation district of the lands below described and lying in the county(ies) of ________ and ________ ," and "against creation of a soil and water conservation district of the lands below described and lying in the county(ies) of ________ and ________ ," shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the committee. All owners of lands lying within the boundaries of the territory, as determined by the state soil and water conservation committee, shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote.
(2) The committee shall pay expenses for the issuance of such notices and the conduct of such hearings and referendums as hereinabove provided for and shall supervise the conduct of such hearings and referendums. It shall issue appropriate regulations governing the conduct of such hearings and referendums, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the results thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.
Sources: Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff from and after January 1, 1969.