§ 82-616 — Defects and irregularities, how cured.

No fault in petition or any notice or other proceedings shall affect the validity of any proceedings under this act, except to the extent to which it can be shown that such fault resulted in a material denial of justice to the property owner complaining of such fault, and except as to matters concerning the acquirement of original jurisdiction of the district. In case it is found upon a hearing that by reason of some irregularity or defect in the proceedings the appraisal has not been properly made, the court may nevertheless on having proof that expense has been incurred which is a proper charge against the property of the complainant render a finding as to the amount of benefits to said property, and appraise the proper benefits accordingly, and thereupon said land shall be assessed as other land equally benefited, if original jurisdiction has been acquired and an appeal shall be allowed as is provided in the case of the original appraisement. In the event that at any time either before or after the issuance of bonds pursuant to the provisions of this act, the appraisals of benefits, either as a whole or in part, be declared by any court of competent jurisdiction to be invalid by reason of any defect or irregularity in the proceedings therefor, whether jurisdictional or otherwise, the said district court is hereby authorized and directed on the application of the board of directors of said district or on the application of any holder of any bonds which may have been issued pursuant thereto, properly and without delay to remedy all defects or irregularities as the case may require, by directing and causing to be made in the manner hereinbefore provided, a new appraisal of the amount of benefits against the whole or any part of the lands in the said district as the case may require.

Legislative History

Laws 1923-24, c. 139, p. 183, § 41.