§ 37-4-116 — Validation of irregular proceedings

Colorado § 37-4-116

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Appraisal of Benefits

Text

(1) No fault in any notice or
other proceeding shall affect the validity of any proceeding under articles 1 to 8 of
this title except to the extent to which it can be shown that such fault resulted in a
material denial of justice to the property owner complaining of such fault.

(2) In case it is found upon a hearing that, by reason of some irregularity or
defect in the proceedings, the appraisal has not been properly made, the court may,
nevertheless, on having proof that expense has been incurred which is a proper
charge against the property of the complainant, render a finding as to the amount
of benefits to said property and appraise the proper benefits accordingly, subject to
a claim for a jury as already provided, when the party is entitled thereto, and
thereupon said land shall be assessed as other land equally benefited.

(3) In the event that at any time, either before or after the issuance of bonds
pursuant to the provisions of articles 1 to 8 of this title, the appraisal of benefits,
either as a whole or in part, is declared by any court of competent jurisdiction to be
invalid by reason of any defect or irregularity in the proceedings therefor, whether
jurisdictional or otherwise, the said district court where the original case is pending
is authorized, on the application of the board of directors of the said district, or on
the application of any holder of any bonds which may have been issued pursuant
hereto, promptly and without delay to remedy all defects or irregularities, as the
case may require, by causing to be made in the manner provided in articles 1 to 8 of
this title, a new appraisal of the amount of benefits against the whole or any part of
the lands in the said district, as the case may require.

Legislative History

Source: L. 22: p. 42, � 40. C.L. � 9554. CSA: C. 138, � 165. CRS 53: � 30-4-16. C.R.S. 1963: � 29-4-16.