Other board powers; judicial proceedings; validity of organization




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48154648-1546.  Other board powers; judicial proceedings; validity of organization

A.  The board may take conveyances for all property acquired by it under the provisions of this chapter in the name of the district for the purposes expressed in this chapter, and institute and maintain all actions and proceedings necessary or proper in order to carry out the provisions of this chapter, or enforce, maintain, protect or preserve all rights, privileges and immunities created by this chapter, or acquired in pursuance thereof.

B.  In all courts, actions, or proceedings the board may sue, appear and defend in person or by attorney in the name of the district.

C.  Judicial notice shall be taken by the courts of the state of the organization and existence of any power district of this state from and after the filing of record in the office of the county recorder of the certified copy of the order of the board of supervisors, as provided by section 48 1511.  A certified copy of the order shall be prima facie evidence in all proceedings in any court in this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited.



D.  Any power district in respect to which any such order has been recorded in the office of the county recorder which has exercised the rights and powers of a power district, which has in office a board of directors exercising the duties of their office, and the legality and regularity of the formation or organization whereof has not been questioned by proceedings in quo warranto instituted in the superior court in the county in which the district or the greater portion thereof is located within one year from the date of recording such order, shall be conclusively deemed to be a regularly and legally organized, established and existing power district within the meaning of this chapter, and its due and lawful formation and organization shall not thereafter be questioned in any action or proceeding whether brought under the provisions of this chapter or otherwise. 481546



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