§ 37-46-124 — Remedies in case of faulty notice

Whenever in this article
notice is provided for, if the court finds that due notice was not given, jurisdiction
shall not thereby be lost or the proceedings abated or held void, but the court shall
continue the hearing until such time as proper notice may be given and thereupon
shall proceed as though proper notice had been given in the first instance. If any
appraisement, assessment, levy, or other proceeding relating to said district is held
defective, then the board of directors may file a motion in the cause in which said
district was organized to perfect any such defect, and the court shall set a time for
hearing thereon. If the original notice as a whole is held to be sufficient but faulty
only with reference to publication as to certain particular lands or as to service as
to certain persons, publication of the defective notice may be ordered as to the
particular lands, or service may be made on the persons not properly served, and
said notice is thereby corrected without invalidating the original notice as to other
lands or persons.

Legislative History

Source: L. 37: p. 1021, � 21. CSA: C. 138, � 199(21). CRS 53: � 149-8-21. C.R.S. 1963: � 150-7-21.