48-2847. Invalidity of liens or bonds; extent
of validity; means to secure interest of persons damaged
A. If the lien of an assessment or reassessment or of a bond issued to represent
the amount assessed on any lot, acre or parcel is held invalid by a court because a
portion of the improvement ordered was not within the power of the board to order or was
not properly embraced in the contract for the work or in the assessment made to cover the
expenses, the district or the holder of a bond secured by such assessment is entitled to
a judgment determining what portion of the assessment is legal. The district, within
sixty days and pursuant to the directions of the judgment, shall issue a new assessment
for an amount the court finds is the reasonable value of the portion of the improvement
legally authorized by the proceedings. This amount shall be reassessed against the
property in the same manner and with the same effect as provided for issuing the original
assessment, and may be enforced as an original assessment.
B. If the lien of an assessment or of a bond issued for an assessment amount is
held invalid by a court for any cause arising after the authority of the board attaches
to order the work, or if the lien is defeated or held invalid for any cause, and it also
appears that the owner of the property at the time that the notice of the award of the
contract was published had personal knowledge of the intention to order the award of the
contract and has not filed an objection to the award of the contract, the district shall
recover a judgment confirming the lien of that assessment on the lot, acre or parcel
covered by the assessment in an amount the court finds the lot, acre or parcel to have
actually benefited from the flood protection facility, not exceeding the amount that
would have been properly assessed against the lot, acre or parcel.
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