Proceedings to establish and organize a drainage, levee or reclamation district shall be commenced by three or more owners of real property within the proposed district, whose lands will be affected by the proposed improvement, filing a petition in the circuit court, or before the judge thereof in vacation, of the county wherein such lands and other property proposed to be organized into a drainage, levee or reclamation district are situated. Upon the filing of such petition the court, or the judge thereof in vacation, shall require a bond in sufficient penalty to be given and filed, with good and sufficient surety, and conditioned for the payment of all preliminary costs and expenses that may be incurred in case the district is not formed. If the lands to be included in the proposed district are situated in two or more counties, then the petition may be filed in the office of the clerk of the circuit court, or before the judge thereof in vacation, of either of the counties in which such lands are situated, and such court shall retain jurisdiction thereafter regardless of county lines.
The petition shall describe in a general way, and by reference to roads, streams, railroads and other landmarks, the body of land or other property proposed to be reclaimed, drained, leveed, improved and embraced within the district, and shall set forth in a general way the conditions existing and the advantages that will result from the proposed improvement. It also shall indicate opposite the name of each signer the approximate acreage of each signer which will be affected. Said petition also shall contain a prayer that the lands described therein be declared a drainage district under the provisions of this article. The petition may be amended or supplemented at any time before the drainage, levee or reclamation district is fully and completely organized.
The petition may be signed by any landowner, male or female, married or single; guardians or committees may sign for their wards, and trustees, executors and administrators may sign for the estates represented by them. If the signature of any corporation, by its authorized officer or officers, is attached thereto, attested by the corporate seal, the same shall be sufficient evidence of the assent of the corporation to such petition. Any person having signed the petition shall have no right to have such proceedings dismissed as to him without the written consent of the majority in acreage of the owners who signed the petition.
Structure West Virginia Code
Article 21. Drainage Districts
§19-21-1. Jurisdiction of Circuit Courts to Organize Drainage Districts; Definition of Terms
§19-21-2. Proceedings Under Article Have Precedence Over Other Cases; Exceptions; Mandamus
§19-21-3. Petition to Establish District
§19-21-6. First Meeting of Owners; Election of Board of Supervisors
§19-21-7. Annual Meeting of Owners; Election of Supervisor
§19-21-8. Oath of Supervisor; Effect of Failure to Qualify
§19-21-9. Organization of Board of Supervisors; Duties and Compensation
§19-21-10. Appointment, Powers and Duties of Chief Engineer; Adoption of Plan for Reclamation
§19-21-12. Board of Appraisers
§19-21-14. Publication of Appraisers' Report
§19-21-15. Exceptions to Appraisers' Report; Action of Court Thereon; Review of Assessments
§19-21-16. Assessment of Damages by Jury
§19-21-18. Levying of Tax to Pay Costs of Completion; Tax Lien
§19-21-19. Annual Installment Tax; Certification Thereof to Sheriff
§19-21-20. Collection of Taxes
§19-21-21. When Taxes Payable; Suit by Supervisors to Collect Delinquent Taxes; Suit by Bondholder
§19-21-23. Lien of Bonds; Collection of Annual Tax to Pay Bonds; Nonpayment of Bond; Receiver
§19-21-24. Treasurer of District; Salary, Bond and Duties; Audit of Books
§19-21-25. Powers of Board of Supervisors to Drain, Protect and Reclaim Land
§19-21-26. Employment of Attorney
§19-21-27. Record of Board of Supervisors
§19-21-28. Right to Enter and Appropriate Land; Vesting of Title in District; Compensation of Owner
§19-21-30. Unpaid Warrants to Draw Interest
§19-21-31. Surety Bonds to Be Made Payable to District; Persons Covered by Bond
§19-21-33. Definition of "owner"; Effect of Failure to Summon Owner
§19-21-36. Formulation of New Plans; Additional Assessments and Levy
§19-21-37. Removal of Officer or Employee
§19-21-40. Consolidation of Adjacent Districts
§19-21-41. Penalty for Obstructing Drain or Damaging Drainage Work