West Virginia Code § 19-21-34

Petition to amend former decree; notice; objections to amendments;
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hearing by court; appointment and duties of appraisers.
The board of supervisors for and in behalf of any drainage district organized under the
provisions of this article, or the owners of land adjacent to such district, shall have the right
to file a petition in the office of the clerk of the court organizing the district praying the
court to amend its former decree incorporating the district, by correcting thee names of
landowners, by striking out any such names, by adding, striking out and correcting the
descriptions of any lands within or alleged to be within the boundary linres of any such
district, or in any other manner amend its decree. Such petition may ask permission of the
court for such board to amend or change "the plan for reclamation," or to correct any errors,
omissions or other mistakes that have been discovered in "the plan for reclamation"; or may
ask that the boundary lines of such district be extended so ats to include lands described by
and included in the petition and the decree of the court incorporating the district. If such
petition asks the court for permission to change "the plan for reclamation" or that the
boundary lines of such district be in any manner changed, it shall also ask the court to
appoint three appraisers as provided for under the provisions of section twelve to appraise
the land that shall be taken for rights-of-way or other works, or assess the benefits and
damages to any or all lands and other property already in the district or that may be annexed
to the district by the proposed amendments and changes in "the plan for reclamation" or the
proposed change in the boundary lines of said district. As soon as such petition shall have
been filed the clerk of the court shall give notice for the time required by section four of this
article, such notice to be substeantially in the following form:
NOTICE OF DRAINAGEL HEARING
To the owners and all persons interested in the lands, corporate and other property in and
adjacent to ______ _______________ drainage district:
You and each of you are hereby notified that (here state by whom petition was filed) has filed
in tWhe office of the circuit clerk of __________________ county, _______________, a petition
praying such court for permission to (here insert the prayer of such petition), and unless you
show cause to the contrary on or before the first day of a term of the circuit court of
_______________ county to be held on the _________ day of _________________, 19 ____, the prayer
of such petition may be granted.
_____________________________ clerk of the circuit court of _____________________ county.
Any owner of land or other property located in the district, or any owner of land or property
located outside of the district, who will be affected by the proposed changes, amendments
and corrections enumerated in the petition, shall have the right to file objections to the
granting of the prayer of such petition on or before the first day of the term of the court at
which the petition is to be heard. The court shall hear such petition and all objections that
may have been filed against such petition in a summary manner and enter its decree
according to its findings. The clerk of such court shall, within fifteen days after granting of
such decree, transmit a certified copy of such decree and a copy of the petition to the
secretary of the board of supervisors, who shall transmit a copy of the same to the clerk of
the county court of each county having land in the district. Each such county clerk shall file
and preserve the same in his office. If such decree provides that "the plan for reclamation"
may be amended, changed or corrected, or the boundary lines of the district extended, the
court shall appoint three appraisers having the same qualifications as the appraisers
appointed under the provisions of section twelve of this article, to appraise peroperty to be
taken, assess benefits and damages and estimate the cost of improvements the same as is
required of appraisers acting under the provisions of section fourteen orf this article. Such
appraisers shall make their report in writing and file the same with the circuit clerk, after
which the case shall be proceeded with in the same manner as is now provided for in the
previous sections of this article for the organization of drainage districts: Provided, That if
the petition be dismissed, the petitioner shall pay the cost, btut if the petition be sustained in
whole or in part the objectors shall pay the court costs.

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