85-8-402. Hearing -- notice and service. Upon the filing of such petition, a judge of said district court shall set the same for hearing and direct the clerk of such court to give notice thereof. Such notice shall contain a concise statement of the proposed alteration and/or addition and the estimated cost thereof, which notice must be served and published at least 20 days before the date fixed for such hearing. Service of such notice shall be made by certified or registered mail, addressed to each landowner and corporation that may be liable for the payment of any portion of the cost of making such alteration and/or addition, at his or its post-office address, if the same can be ascertained by the exercise of due diligence. Such notice shall be published once a week for 20 days prior to such date in some newspaper, to be designated in the order fixing the date for such hearing, published in the county where said court is held; provided, however, that if all interested landowners and corporations are so served, such notice need not be published.
History: En. Sec. 7364D by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.4, R.C.M. 1935; R.C.M. 1947, 89-2703.