§ 11-39-111. Filing of objections to assessment - Waiver of objection - Hearings - Levy of assessment - Ordinance.  


Latest version.
  • Section 39-111.  A.  Not later than three (3) days before the date of the hearing on the assessment roll, any owner of a tract or parcel of land which is listed on the assessment roll may file his specific objections to the amount of the assessment in writing with the city clerk.  Unless presented as required in this subsection, any objection is deemed waived as to the regularity, validity and correctness of:

    1.  The proceedings;

    2.  The assessment roll;

    3.  Each assessment contained on the assessment roll; or

    4.  The amount of the assessment levied against each tract or parcel of land.

    B.  At the hearing, the governing body shall hear all objections which have been filed as provided in this section and may recess the hearing from time to time and, by resolution, revise, correct, confirm or set aside any assessment and order another assessment be made de novo.

    C.  The governing body by ordinance shall by reference to such assessment roll, or assessment roll as modified, if modified, and as confirmed by resolution, levy the assessments contained in the assessment roll.  The decision, resolution and ordinance of the governing body shall be:

    1.  A final determination of the regularity, validity and correctness of the proceedings, the assessment roll, each assessment contained on the assessment roll, the amount of the assessment levied against each tract or parcel of land; and

    2.  Conclusive upon the owners of the tract or parcel of land assessed.

    D.  Within fifteen (15) days after the publication or posting of the ordinance, any owner who has filed an objection as provided in this section may commence an action in district court to correct or set aside the determination of the governing body.  After the lapse of fifteen (15) days after the publication or posting of the ordinance, all actions, which include the defense of confiscation or attack the regularity, validity and correctness of the proceedings, the assessment roll, each assessment contained on the assessment roll, and the amount of the assessment levied against each tract or parcel of land, are perpetually barred.

Laws 1978, c. 233, § 11, emerg. eff. April 25, 1978.