§ 19-1234. Notice to affected record title holders - Protests.

A.  Any county creating a road improvement district pursuant to the provisions of Sections 1230 through 1262 of this title, except as provided for in Section 1236 of this title, shall provide notice to the affected record title holders of private property and an opportunity to protest against said improvements.  Any number of roads, streets, avenues, lanes, alleys, or other public places, or parts thereof, to be improved may be included in one notice.  Any protest or objection shall be made and considered separately as to each road, street, avenue, lane, alley, or other public place, or parts thereof.  For purposes of protest in accordance with this section, disconnected parts of the same street shall be treated as separate streets.

B.  Upon the filing of said plans, plat, typical section, and preliminary estimate of the cost of such work or improvements with the county clerk, the board of county commissioners shall examine the same and, if found satisfactory, shall by resolution adopt and approve the same and declare the improvement necessary to be done.  Said resolution shall be published in six consecutive issues of a daily newspaper or two consecutive issues of a weekly newspaper published in the county and having a general circulation within the county.  The resolution shall provide that the record title holders of more than forty percent (40%) of the area of land liable to assessment to pay for the improvement of any road, street, avenue, lane, alley, or other public place, or part thereof, choosing to protest such road improvement shall file with the county clerk of said county their protest in writing against the improvement within fifteen (15) days after the last publication of the resolution.  If such protest is not filed within the specified period, the county shall have the power to cause such improvements to be made and to contract for such improvements and to levy assessments for the payment of such improvements.  Any number of roads, streets, avenues, lanes, alleys, or other public places, or parts thereof, to be improved may be included in one resolution.  After any road, street, avenue, lane, alley, or other public place, or part thereof, has been protested by the record title holders of more than forty percent (40%) of the land liable to assessment for such improvement, the board of county commissioners of said county shall not include the same in proceedings pursuant to the provisions of Sections 1230 through 1262 of this title for a period of six (6) months except upon petitions as provided by Section 1236 of this title.

C.  If sufficient protests are filed as to any one or more of such roads, streets, avenues, lanes, alleys, or other public places, or parts thereof, the same shall be eliminated from said proceedings, but the other roads, streets, avenues, lanes, alleys, or other public places, or parts thereof, as to which sufficient protests have not been filed shall not be affected thereby.  The provisions of this subsection shall not apply to any development pursuant to the provisions of Section 1236 of this title.

D.  Any person, firm, corporation, administrator, or guardian holding the title to said lands liable to assessment may enter a protest or objection.

E.  The finding of the board as to the sufficiency or insufficiency of the protest shall be conclusive and binding for all purposes and against all persons.  The board shall have the power to have hearings on said protest and compel the attendance of witnesses under oath to determine the sufficiency of said protest.  No action or suit to question the findings of the board on the sufficiency of said protests shall be commenced later than fifteen (15) days after such finding.  Not less than ten (10) days before the hearing the county clerk shall notify each record title holder of lots or tracts of land within said district as shown by the current ownership rolls prepared and certified by the county clerk within sixty (60) days last preceding the date of the notification in the following manner:

1.  By mailing a postal card directly to said record title holder at his last-known address as shown by the ownership roll, notifying said record title holder of the initiation of proceedings and advising him that his property will be liable to assessment and referring him to the issues of the newspaper in which the resolution is or will be published.  If titles to several tracts appear to be held by the same person, all may be included in the same notification; or

2.  In lieu of the mailing of a postal card, the county clerk may mail to each record title holder a copy of the newspaper publication.

Proof of the notification given shall be made by certificate of the clerk which shall be filed in his office.  Failure of any one of said record title holders to receive said notification shall not invalidate any of the proceedings made pursuant to the provisions of this section.

Added by Laws 1978, c. 208, § 6, eff. Jan. 1, 1979.  Amended by Laws 1983, c. 148, § 2, operative July 1, 1983; Laws 1984, c. 43, § 2, emerg. eff. March 27, 1984.