§ 31-25-538 — No action maintainable - exception - grounds - limitations

(1)
No legal or equitable action shall be brought or maintained except to enjoin the
collection of assessments levied under this part 5 upon the grounds:

(a) That notice of a hearing upon the amount of the assessment was not
given as required in this part 5. Any person presenting objections to the governing
body at or before the hearing on assessment shall be deemed to have waived this
ground.

(b) That the hearing upon the amount of the assessment as provided in this
part 5 was not held;

(c) That the improvement ordered was not one authorized by this part 5;

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

(2) No action shall be brought on the grounds provided in paragraph (c) of
subsection (1) of this section unless a hearing on the proposed improvements is
required pursuant to section 31-25-503 and unless the objections on which such
action is based have been presented to the governing body in writing prior to or at
such hearing. No action shall be brought on the grounds provided in paragraph (d)
of subsection (1) of this section unless the objections on which such action is based
have been presented to the governing body in writing prior to or at the hearing on
the assessment roll. Any action brought with respect to the ordering of any
improvements, the creation of any district, the authorization or issuance of any
bonds, the levying of any assessments, or any other action taken under this part 5
shall be commenced within thirty days after the passage of the ordinance or
resolution ordering the improvements, creating the district, authorizing or issuing
bonds, or levying assessments or within thirty days after performance of any other
action complained of or else shall be forever barred.

Legislative History

Source: L. 75: Entire title R&RE, p. 1201, � 1, effective July 1. L. 86: (2) amended, p. 1052, � 16, effective July 1.