§ 37-48-155 — Defects in notice perfected

Colorado § 37-48-155

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Rio Grande Water Conservation District

Text

Whenever notice is provided for in
this article, 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 shall thereupon
proceed as though proper notice had been given in the first instance. If any
appraisal, special improvement assessment, special assessment, levy, service
charge, or user fee 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. 75: Entire section added, p. 1387, � 7, effective July 18. L. 2007: Entire section amended, p. 1282, � 21, effective May 25.