§ 37-50-119 — Defects in notice perfected

Whenever in this article notice is
provided for, if the court finds that due notice was not given, jurisdiction shall not
be lost nor the proceedings abated or held void, but the court shall continue the
hearing until proper notice has been given and then shall proceed as though proper
notice had been given in the first instance. If any appraisal, assessment, levy, or
other proceeding relating to the district is held defective, then the board may file a
motion in the cause in which the district was organized to perfect any such defect,
and the court shall set a time to hear the motion. 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 the notice is thereby corrected without
invalidating the original notice as to other lands or persons.

Legislative History

Source: L. 2004: Entire article added, p. 1916, � 1, effective August 4.