§ 37-5-109 — Readjustment of maintenance fund assessments

(1) Whenever
the owners or representatives of twenty-five percent or more of the acreage or
value of the lands in the district file a petition in the court in which the original
petition was filed, stating that there has been a material change in the values of the
property in the district since the last previous appraisal of benefits, and praying for
a readjustment of the appraisal of benefits for the purpose of making a more
equitable basis for the levy of the maintenance fund assessment, the court shall by
order fix a time and place for a hearing thereon, and thereupon the clerk of the
court shall give notice by publication of the filing of and hearing upon said petition,
in such manner as the court shall provide in the order for such hearing.

(2) Upon the hearing of said petition, if said court finds that there has been a
material change in the value of property in said district since the last previous
appraisal of benefits, the court shall order that there be a readjustment of the
appraisal of benefits for the sole purpose of providing a basis upon which to levy
the maintenance assessments of said district. Thereupon the court shall direct the
appraisers of the conservancy district to make such readjustment of appraisals in
the manner provided in articles 1 to 8 of this title, and said appraisers shall make
their report, and the same proceedings shall be had thereon, as nearly as may be, as
are provided in this article for the appraisal of benefits accruing for original
construction; except that in making the readjustment of the appraisal of benefits
said appraisal shall not be limited to the aggregate amount of the original or any
previous appraisal of benefits, and after the making of such readjustment, the
limitation of the annual maintenance assessment to one percent of the total
appraised benefits shall, unless otherwise ordered by the court, apply to the
amount of benefits as readjusted; and except that there shall be no such
readjustment of benefits oftener than once in ten years.

Legislative History

Source: L. 22: p. 57, � 49. C.L. � 9563. CSA: C. 138, � 174. CRS 53: � 30-5-9. C.R.S. 1963: � 29-5-9.