§ 14-118-110 — Tax levy - Appeal

(a) The circuit court shall at the same time that the assessment of benefits is confirmed, or any subsequent time when called upon by the commissioners of the district, enter upon its records an order which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of acquiring lands, easements, and rights-of-way and other costs required by the construction of the project by the United States, and the estimated cost to maintain the works after completion, with ten percent (10%) added for unforeseen contingencies. (b) The tax shall be paid by the owners of the real property in the district in proportion to the amount of the assessment of benefits thereon. It is to be paid in annual installments not to exceed twenty-five percent (25%) for any one (1) year, as provided in the order. (c) The tax so levied shall be a lien upon all real property in the district from the time the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the assessment with penalty and cost that may accrue thereon shall have been paid. (d) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within thirty (30) days from the time the assessment has been made by the circuit court, and on appeal the presumption shall be in favor of the legality of the tax. (e) The assessment of benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied.

Legislative History

Acts 1949, No. 328, § 7; A.S.A. 1947, § 21-1007.