§ 41-7-406 — Omissions; effect on other lands; duty of commissioner

Omission to assess benefits, or to assess for construction, or
to make additional assessment, or to make assessment for
operation, maintenance or repairs against any land or person
which should have been assessed, or to award damages to any one
(1) or more tracts of lands or easements in an irrigation
district shall neither affect the jurisdiction of the court to
confirm the report nor to render the benefits assessed, or the
assessments for construction, or additional assessments, or
assessments for operation, maintenance, or repairs against other
lands, or assessments against any person voidable, but the
commissioners of said irrigation district shall thereafter, as
soon as they discover the omission, or receive notice thereof,
either agree with the omitted parties upon the proper award or
assessments and award the damages or make such assessment of
benefits or assessments for construction, operation, maintenance
or repair, and make such additional assessments against the
omitted lands and corporations, and award such damages as shall
be just, and report the facts, together with such assessments
and awards, to the court.