§ 14-125-706 — Reassessment after alteration of plans

(a) If by reason of a change of plans pursuant to § 14-125-607 , either the board or any landowners deem that the assessment on any land has become inequitable, they may petition the court. The court may thereupon refer the petition to the assessors, which shall reassess the land mentioned in the petition, increasing the assessment if greater benefits will be received and allowing damages if less benefits will be received or if damages will be sustained. A copy of the reassessment shall be deposited with the clerk of the chancery court as provided in § 14-125-702 in connection with the original assessment. (b) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed by the court as provided in § 14-125-703 and obligations based on the assessments have been incurred, but any reduction in benefits shall be paid for by the district as damages. The claim for those damages shall be secondary and subordinate to the rights of the holders of bonds or other obligations or evidences of indebtedness which have theretofore been issued. (c) The landowners shall have the same right of appeal from reassessment as provided for in this chapter in the case of the original assessment.

Legislative History

Acts 1937, No. 197, § 23, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-926.