§ 37-48-143 — Validation of irregular proceedings

(1) Minor insubstantial
irregularities in any notice or proceeding shall not make any proceeding invalid.

(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, 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,
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 to this article, promptly and without delay to
remedy all defects or irregularities, as the case may require, by causing to be made
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. 75: Entire section added, p. 1382, � 7, effective July 18.