85-8-403. Court order -- dismissal of petition. (1) Any such landowner or corporation may, at any time prior to 5 days before the date fixed for such hearing, file his or its objections to such petition. A copy of such objections shall be delivered to the attorney for said commissioners, if they have an attorney of record, or to the chairman of the board of commissioners of said district, if there be no such attorney of record, prior to filing the original thereof with the clerk of said court.
     (2) If objections are made and filed by the owners of at least 75% in area of the lands in said district, said petition shall be dismissed and no further proceedings had thereon. If the owners of less than 75% in area of the lands in said district object to such petition, then, on the date fixed for such hearing or upon any day to which such hearing may be adjourned, the court having jurisdiction will hear testimony in support of said petition and in opposition thereto.
     (3) After such hearing the court shall determine whether the proposed alteration and/or addition is necessary, whether it will be beneficial to said district and improve the drainage system thereof, and either approve or deny such petition or modify and change the proposed alteration and/or addition. If the court shall approve such petition or modify and change the alteration and/or addition proposed, the court shall by order direct said commissioners to proceed with said work with all convenient speed.
     (4) So far as possible, such hearing shall be conducted as other hearings and trials in the district courts of the state of Montana, and the laws of the state of Montana with reference to hearings and trials, so far as applicable, shall govern in the conduct of such hearings.

     History: En. Sec. 7364E by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.5, R.C.M. 1935; amd. Sec. 2, Ch. 70, L. 1953; R.C.M. 1947, 89-2704.