§ 61-16.1-32 — Collection of tax or assessment levied not to be enjoined or declared void - Exceptions

North Dakota § 61-16.1-32

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-16.1: Operation of Water Resource Districts

Text

- Exceptions.
The collection of any tax or assessment levied or ordered to be levied to pay for the location
and construction of any project under the provisions of this chapter shall not be enjoined
perpetually or absolutely declared void by reason of any of the following:
1. Any error of any officer or board in the location and establishment thereof.
2. Any error or informality appearing in the record of the proceedings by which any
project was established.
3. A lack of any proper conveyance or condemnation of the right of way.
The court in which any proceeding is brought to reverse or declare void the proceedings by
which any project has been established, or to enjoin the tax levied to pay therefor, on application
of either party, shall order examination of the premises, or survey of the same, or both, as may
be deemed necessary. The court, on a final hearing, shall enter an order which is just and
equitable, and may order the tax or any part thereof to remain on the tax lists for collection, or if
the tax were paid under protest, may order, if justice requires, the whole or any part thereof to
be refunded. The costs of such proceedings shall be apportioned among the parties as justice
may require.