The commission shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the operation of the district is not administratively practicable and feasible, it shall record this determination and deny the petition. If the commission determines that the operation of the district is administratively practicable and feasible, it shall record this determination and shall proceed with the organization of the district in the manner provided in this part. In making this determination, the commission shall give due regard and weight to the attitudes of the landowners and land occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the creation of the district to the total number of votes cast, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors relevant to the determination; provided, that the commission shall not cast, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors relevant to the determination; provided, that the commission shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district were cast in favor of the creation of the district.Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1509.
Tennessee Legal Code