§ 19-2422 — Special assessment; appeal; district court; powers; tried de novo

Nebraska § 19-2422

• Jurisdiction: Nebraska
• Ch. 19: Cities and Villages; Laws Applicable to More Than One and Less Than All Classes

Text

Any owner of real property who feels aggrieved by the levy of any special assessment by any city of the first class, city of the second class, or village may appeal from such assessment, both as to the validity and amount thereof, to the district court of the county where such assessed real property is located. The issues on such appeal shall be tried de novo. The district court may affirm, modify, or vacate the special assessment or may remand the case to the local board of equalization for rehearing.

Legislative History

Source: Laws 1975, LB 468, § 1; Laws 2019, LB193, § 160. Annotations: This section applies to and authorizes an appeal from a special assessment levied under the authority of subdivision (1) of section 18-1722. Main St Properties v. City of Bellevue, 309 Neb. 738, 962 N.W.2d 333 (2021). This section provides a taxpayer with a means by which his or her constitutional challenges to a special tax assessment can be fairly and fully adjudicated. Francis v. City of Columbus, 267 Neb. 553, 676 N.W.2d 346 (2004). Plaintiffs did not waive their right to contest the assessment for a sanitary sewer extension district by failing to file notice of appeal within 10 days of the levy. Plaintiffs attacked the formation of the district, not the amount of assessments that have been levied against their property. A special assessment is subject to collateral attack for a fundamental defect. Christensen v. City of Tekamah, 230 Neb. 576, 432 N.W.2d 798 (1988). A landowner's right to challenge the validity and amount of a special assessment pursuant to this section is not waived when such landowner attains a deferral of payment of the assessment, pursuant to sections 19-2425 to 19-2431. Brown v. City of York, 227 Neb. 183, 416 N.W.2d 574 (1987).