Okla. Stat. tit. 82, § 82-545
This is the official text of Okla. Stat. tit. 82, § 82-545, part of Oklahoma’s Stat. tit. 82, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 82,." Browse the sections below, each linked to its official government source.
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Hearing on petition - Objections - Declaration of
Official statutory text
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 Page 80
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.
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 Page 80
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.
Status: in_force · Read it on the official government site
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