48-2047. Protest against proposed improvement;
protest as bar to improvement proceedings; objection to extent of
assessment district; special action
A. The owners of a majority of the property fronting on the proposed improvement
or, if the cost of the improvement is chargeable on a district, the owners of a majority
of the property fronting on the proposed improvement in the assessment district may make
a written protest against the improvement within fifteen days after the date of the last
publication of the resolution of intention or within fifteen days after the completion of
the posting of notices, if such date is after the date of the last publication.
B. The protest shall show a description of the property and the amount of the
frontage owned by each signer together with his post office address and shall be filed
with the clerk. The clerk shall endorse on the protest the date of delivery to him. The
protests so delivered and endorsed, if sufficient, are a bar to further proceedings in
making the improvement for six months from the date the protest is filed, unless the
owners of one-half or more of the frontage meanwhile petition for the work to be
done. No portion of the improvement included in any proceeding barred by the protest may
be included in any new proceeding within six months from the date of filing the protest,
unless the owners of one-half or more of the property fronting on such portion petition
for the work to be included in the new proceeding.
C. If the cost of the improvement is made chargeable on a district, objections to
the extent of the district to be assessed to pay the expenses of the improvement may be
made by an owner in the assessment district within the time provided for the filing of
protests against the work. The objections shall show the amount of frontage owned by
each signer and his post office address.
D. If an objection to the extent of the proposed assessment district has been
filed, the board shall fix a time for hearing the objection. At least ten days before
the hearing the board shall notify the objectors by mail, at the address given by each
objector, of the date and location of the hearing.
E. At the hearing, which may be adjourned, the board shall hear and pass on the
objections. The board may modify the extent of the proposed assessment district, in
which event a new resolution of intention shall be passed containing a description of the
modified district. The new resolution shall be published and notice shall be posted as
required for an original resolution of intention.
F. A property owner who is damaged or aggrieved by a decision of the board under
this section may have the decision reviewed by filing a special action in the superior
court in the county in which the district is located.
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