§ 26-403. Adoption of plan

   (a) Meeting of landowners. -- On completion of the plan, or on the acceptance of a previously completed plan, the board of managers shall call a meeting of the landowners to vote on the adoption of the plan for submission to the county commissioners or county council.

(b) Notice. --

   (1) At least 10 days before the meeting, the board of managers shall:

      (i) post a notice of the meeting in four public places in the area or vicinity of the area of the drainage association; and

      (ii) mail a notice to each landowner.

   (2) The notice shall state the time, place, and purpose of the meeting.

(c) Right to vote. -- At the meeting required under subsection (a) of this section:

   (1) each landowner is entitled to one vote; and

   (2) any landowner may vote by proxy if the proxy is dated, signed by the individual entitled to vote, and witnessed by at least one individual.

(d) Determination by board of managers. --

   (1) The board of managers shall determine whether to submit the plan to the county commissioners or county council for review and approval.

   (2) In making the determination, the board of managers shall consider:

      (i) the vote of each landowner;

      (ii) the probable apportionment of benefits to each landowner based on acreage;

      (iii) the location of the drainage project; and

      (iv) the extent of the benefits to the voter's land by the drainage project.

HISTORY: An. Code 1957, art. 25, § 68; 2013, ch. 119, § 2.