§ 29-8-130 — Civil action - grounds

(1) No civil action shall be brought or
maintained to enjoin the collection of assessments or otherwise test the validity of
assessments levied under this article except upon the following grounds:

(a) That notice of a hearing upon the amount of the assessment was not
given as required in this article. Any person presenting objections to the governing
body at or before the hearing on assessments shall be deemed to have waived this
ground.

(b) That the hearing upon the amount of the assessment as provided in this
article was not held;

(c) That the improvement ordered was not one authorized by this article;

(d) That the assessment levied exceeds the benefits received by the
property assessed.

(2) Every person whose property is subject to such special assessment and
who fails to appear during the public hearings on said assessment to raise his
objection to such assessment shall be deemed to have waived all objection to such
assessment, except objections on grounds specified in subsections (1)(a) and (1)(b)
of this section. Any action brought under this article shall be commenced within
thirty days after the passage of the assessing resolution or else be thereafter
perpetually barred. Any such action shall be given preference in the courts of the
state. If such action is unsuccessful, the courts may order the plaintiff to pay the
costs thereof, and, in its discretion, may require a bond in a sufficient amount to
cover such costs at the commencement of such action. The burden of proof to show
that such special assessment or part thereof is invalid, inequitable, or unjust shall
rest upon the party who brings such suit.

Legislative History

Source: L. 71: p. 998, � 1. C.R.S. 1963: � 89-23-30.