§ 31-25-507 — Determination of special benefits - factors considered

(1) The
term benefit, for the purposes of assessing a particular property within a district,
includes, but is not limited to, the following:

(a) Any increase in the market value of the property;

(b) The provision for accepting the burden from specific dominant property
for discharging surface water onto servient property in a manner or quantity
greater than would naturally flow because the dominant owner made some of his
property impermeable;

(c) Any adaptability of property to a superior or more profitable use;

(d) Any alleviation of health and sanitation hazards accruing to particular
property or accruing to public property in the improvement district, if the provision
of health and sanitation is paid for wholly or partially out of funds derived from
taxation of property owners of the improvement district;

(e) Any reduction in the maintenance costs of particular property or of public
property in the improvement district, if the maintenance of the public property is
paid for wholly or partially out of funds derived from taxation of property owners of
the improvement district;

(f) Any increase in convenience or reduction in inconvenience accruing to
particular property owners, including the facilitation of access to and travel over
streets;

(g) Recreational improvements accruing to particular property owners as a
direct result of drainage improvement.

(2) As used in connection with any district formed for the purpose of
encouraging, accommodating, and financing improvements as authorized in section
31-25-502 (2), the term benefit shall include, but not be limited to, any
acknowledged value set forth in the contracts and agreements entered into by the
owner of the assessed property.

Legislative History

Source: L. 75: Entire section added, p. 997, � 3, effective July 1. L. 86: IP(1) amended, p. 1046, � 4, effective July 1. L. 2008: (2) added, p. 1302, � 25, effective May 27.