42-2943. CHANGE OF PLANS — PROCEDURE IN DISTRICT COURT. In case any substantial changes in said system of improvement, or the manner and construction thereof, shall be deemed necessary by said board of commissioners at any time during the progress thereof, and the written consent to such changes cannot be procured from said landowners, then said commissioners for and on behalf of said district, shall file a petition in the district court of the county within which said district is located, setting forth therein the changes which they deem necessary to be made in the plans or manner of the construction of said improvement, and praying therein to be permitted to make such changes.
Upon the filing of said petition the court shall cause a summons to be served, setting forth the prayer of said petition under the seal of the said court, which summons shall be served in the same manner as the service of summons in the case of the original petition, upon all the landowners or other persons having any lien or interest therein appearing of record in said district.
Any or all of said parties so served may appear in said cause and submit their objections thereto and after the time for the appearance of all said parties has expired, the court shall proceed to hear said petition at once, and if it appears during the course of said proceedings that the property rights of any of said landowners will be affected by such proposed change in said improvements, then the court, after having passed upon all preliminary questions as in the original proceedings, may call a jury to be impaneled in the manner provided by the Code of Civil Procedure, and upon the final hearing of said case the jury shall return a verdict finding the amount of damages, if any, sustained by all persons and corporations, the same as upon the original petition by reason of such proposed change, and the amount of compensation to be paid to any persons or corporation therefor, and for any additional right of way that may be necessary to be appropriated.
History:
[(42-2943) 1913, ch. 16, part of sec. 19, p. 58; compiled and reen. C.L. 168:40; C.S., sec. 4534; I.C.A., sec. 41-2543.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 29 - DRAINAGE DISTRICTS
Section 42-2901 - CORPORATE POWERS OF DRAINAGE DISTRICTS.
Section 42-2902 - APPROPRIATION OF WATER AVAILABLE FOR IRRIGATION PURPOSES.
Section 42-2903 - APPROPRIATION OF IRRIGATION WATERS — ASSESSMENTS FOR EXPENSES.
Section 42-2904 - MUNICIPALITY MAY ACT AS DRAINAGE DISTRICT.
Section 42-2905 - PETITION FOR ORGANIZATION.
Section 42-2906 - PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES.
Section 42-2907 - ACTION ON PETITION — NOTICE OF HEARING.
Section 42-2908 - HEARING — OBJECTIONS — FINDINGS.
Section 42-2911 - OFFICERS — MEETINGS.
Section 42-2913 - COMPENSATION.
Section 42-2915 - ASSESSMENT OF BENEFITS AGAINST HIGH LANDS.
Section 42-2916 - DUTIES OF ENGINEERS AND SURVEYORS — PRELIMINARY SURVEY.
Section 42-2917 - CHANGES IN ORIGINAL PLANS.
Section 42-2918 - ALTERATION OF BOUNDARIES.
Section 42-2919 - REPORT OF INTENTION TO DO WORK — NOTICE OF HEARING ON CONFIRMATION.
Section 42-2921 - HEARING ON CONFIRMATION.
Section 42-2922 - FINDINGS AND DECREE.
Section 42-2923 - SUPPLEMENTAL REPORT.
Section 42-2925 - PROCEDURE ON DISMISSAL OF PROCEEDINGS.
Section 42-2926 - PROCEDURE FOR PAYMENT OF DAMAGES AWARDED — DETERMINATION OF CONFLICTING CLAIMS.
Section 42-2927 - LANDS OF STATE AND ITS SUBDIVISIONS.
Section 42-2928 - LANDS OF STATE AND ITS SUBDIVISIONS — ASSESSMENT.
Section 42-2929 - SUBSEQUENT ASSESSMENT OF PUBLIC LANDS.
Section 42-2930 - ADDITIONAL LEVY — NOTICE.
Section 42-2931 - ADDITIONAL CONSTRUCTION WORK AND ASSESSMENTS.
Section 42-2932 - FEES FOR SERVICE OF PROCESS.
Section 42-2933 - DISTRICT COURT MAY ENFORCE CHAPTER.
Section 42-2934 - ASSESSMENTS — WHEN INCONTESTABLE.
Section 42-2935 - ASSESSMENT ROLL.
Section 42-2936 - ASSESSMENTS ENTERED AS TAX LIENS — INSTALLMENTS.
Section 42-2937 - ASSESSMENT TO PAY JUDGMENT OF DISMISSAL.
Section 42-2939 - GENERAL POWERS OF DISTRICT.
Section 42-2940 - CONSTRUCTION OF WORKS — CONTRACTS.
Section 42-2941 - CONTRACTORS’ BONDS.
Section 42-2942 - COMMENCEMENT AND PROGRESS OF WORK.
Section 42-2943 - CHANGE OF PLANS — PROCEDURE IN DISTRICT COURT.
Section 42-2944 - PAYMENTS TO CONTRACTORS.
Section 42-2945 - CONNECTIONS BY PRIVATE DRAINS — COSTS.
Section 42-2946 - CONNECTION OF DISTRICT WITH LOWER DISTRICT — COSTS.
Section 42-2947 - USE OF NATURAL WATERCOURSES AND PREVIOUSLY CONSTRUCTED WORKS.
Section 42-2948 - CONSTRUCTION OF DIKES ALONG PUBLIC ROADS.
Section 42-2950 - WARRANTS — PAYMENT — INTEREST.
Section 42-2951 - LEGALIZATION OF WARRANTS ISSUED UNDER FORMER ACT.
Section 42-2952 - BONDS AUTHORIZED.
Section 42-2953 - FUNDING BONDS.
Section 42-2954 - FORM OF BONDS — INTEREST — MATURITIES.
Section 42-2955 - EXCHANGE OF BONDS FOR WARRANTS.
Section 42-2956 - LEVY FOR SINKING FUND.
Section 42-2957 - CALLING OF BONDS.
Section 42-2958 - LEVY FOR INTEREST.
Section 42-2959 - REGISTRATION OF BONDS.
Section 42-2960 - MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT.
Section 42-2961 - APPORTIONMENT OF COST OF MAINTENANCE.
Section 42-2962 - LEVY OF AND LIMITATION ON ASSESSMENTS.
Section 42-2963 - VALIDATION OF WARRANTS HERETOFORE ISSUED.
Section 42-2964 - INTERPRETATION OF LAW.
Section 42-2965 - PAYMENT OF ASSESSMENTS.
Section 42-2966 - INTERESTED PERSONS — RIGHT OF EXAMINATION.
Section 42-2968 - RIGHT OF ACTION BY INTERESTED PERSONS FOR ACCOUNTING.
Section 42-2969 - ACCESS TO RECORDS BY INTERESTED PERSONS FOR PREPARATION OF ACTION FOR TRIAL.
Section 42-2970 - METHOD OF PROCEDURE IN ACTIONS BY INTERESTED PERSONS.
Section 42-2972 - RELEASE OF LANDS FROM FURTHER LIABILITY UPON FULL PAYMENT.
Section 42-2973 - FORM OF RELEASE AND DISCHARGE.
Section 42-2974 - FILING AND RECORDING OF RELEASE AND DISCHARGE — EFFECT.
Section 42-2975 - CANCELLATION OF BONDS AND WARRANTS UPON DELIVERY.
Section 42-2976 - PAYMENT OF BONDS AFTER DEFAULT.
Section 42-2977 - PRO RATA PAYMENT OF INTEREST AND BONDS.
Section 42-2978 - REDEMPTION OF LANDS FROM LIEN FOR UNPAID ASSESSMENTS.
Section 42-2979 - SALE OF PERSONAL PROPERTY — PROCEDURE.
Section 42-2979A - TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.