N.Y. Environmental Conservation Law § 15-1915: Proceedings for formation of district

§ 15-1915. Proceedings for formation of district.

1. At the hearing the department shall hear all persons affected by

the formation of the proposed district. The department may change the

tentative boundaries of the proposed district, but in that case a new

hearing shall be held thereon after due notice thereof.

2. After the final hearing the department shall determine whether or

not the tentative boundaries as described include all the lands which

should be included in the district and exclude as far as is reasonably

possible all lands which will not be benefited by drainage; whether or

not the lands included therein will be made more productive by drainage,

the public health, safety or welfare will be benefited thereby and it

will be to the public interest to form the drainage improvement district

and carry out further proceedings for final fixation of boundaries or

whether the application should be rejected. It shall embody such

determination and disposition of the case in a written order, which

shall be filed and notice of such filing given.

3. If the decision is favorable, such order shall declare the district

to be formed and shall direct the making of surveys and the taking of

the remainder of the proceedings for final fixation of boundaries for

the district all as provided by sections 15-1917 to 15-1927, inclusive.

Thereupon the order may be reviewed as provided by section 15-0905, and

in due course shall be recorded.

4. The district shall be held to have been formed on the date of such

order, but such formation shall not be effective until such order, as

made or modified on review, shall have been recorded.