§ 37-1-107 — Correction of faulty notices

(1) In every case where a notice is
provided for in articles 1 to 8 of this title, if the court finds for any reason that due
notice was not given, the court shall not thereby lose jurisdiction, and the
proceeding in question shall not thereby be void or be abated, but the court shall in
that case order due notice to be given, and shall continue the hearing until such
time as notice shall be properly given, and thereupon shall proceed as though
notice had been properly given in the first instance.

(2) In case any particular appraisal, assessment, or levy is held void for want
of legal notice, or in case the board of directors determines that any notice with
reference to any land may be faulty, then the board of directors may file a motion in
the original cause asking that the court order notice to be given to the owner of
such land, and the court shall set a time for hearing as provided in articles 1 to 8 of
this title. If the original notice as a whole is held to be sufficient but faulty only with
reference to publication as to particular lands, only the owners of and persons
interested in such particular lands need be notified by such subsequent notice, and
if the publication of any notice in any county is held to be defective or not made in
time, publication of the defective notice need be had only in the county in which the
defect occurred.

Legislative History

Source: L. 22: p. 71, � 69. C.L. � 9583. CSA: C. 138, � 194. CRS 53: � 30-1-4. C.R.S. 1963: � 29-1-4.