The proceedings for the issue of such additional bonds shall be substantially as follows: The board of viewers of each drainage project in the county in which the petition was originally filed shall issue a notice to all the owners of land within the drainage project, setting forth all the facts which require the expenditure of more money and the issue of additional bonds to complete the drainage system, which shall be accompanied by the recommendation of the drainage engineer, selected by the board of viewers directing each to appear before them on a certain day, mentioning the day, at least ten days’ notice being given, and show cause, if any they have, why the additional bonds should not be authorized and issued, which notice shall be served personally on each such landowner by leaving a copy at their residence or place of business, and, if the same cannot be personally served, then it shall be served by publication as hereinbefore stated, or in the manner authorized by law. Any landowner may file an answer denying any material allegation in the notice or setting forth any valid objection to the same before the return day thereof. Upon the day when the notice is returnable, or on such day, as to which the same may have been continued, the board of viewers shall proceed to hear the answers. If they find that the answers are not material, and that the issue of additional bonds is advisable or necessary, it shall make an appropriate order authorizing and directing the issue of such additional bonds, fixing the amount of the issue, the date of the same, the time when the interest and principal shall be payable, and all other matters necessary and appropriate in the premises. Any landowner may appeal from the order of the board of viewers, as provided by Chapter 26 (§ 8.01-669 et seq.) of Title 8.01, and on such appeal only the issue raised in the answer shall be considered. After the board of viewers shall have ordered the additional issue of bonds the further procedure as to the assessment rolls, the levy and collecting of drainage taxes, the disbursement of the revenue therefrom for the payment the bonds and interest thereon, and all future procedure shall be the same as required by the preceding sections of this chapter, and amendments thereto, for the establishment of drainage projects.

History

Code 1919, § 1777; 1926, p. 626; 1954, c. 642.