§ 69-1328 — Setting aside assessments - Limitations.

(a) No suit shall be sustained to set aside any assessment or to enjoin the governing body of any city or the board of county commissioners from levying or collecting any such assessment or installment thereof or interest or penalty thereon, or issuing the bonds, or providing for their payment or contesting the validity thereof on any ground, or for any reason, other than for failure of such governing body or such board to adopt and publish the resolution declaring the necessity for the improvements and publication thereof, and to give notice of the hearing on the return of the appraisers unless the suit shall be commenced not more than fifteen (15) days after the date of the last publication of the ordinance levying assessments. (b) No suit shall be sustained after the work has been completed and accepted by the city or county except for failure to give such notice of the preliminary resolution of necessity or failure to give the notice of the hearing on such return of the appraisers. (c) However, in the event any special assessment shall be found to be invalid or insufficient in whole or in part, for any reason whatever, the governing body or board of county commissioners may at any time in such manner provided for levying an original assessment proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Legislative History

Laws 1968, c. 415, § 1328, operative July 1, 1968.