Chapter 12 - Road Improvement Districts
- Part 1 - Establishment
- 54-12-101 - Power to establish road improvement districts.
- 54-12-102 - Body exercising jurisdiction of former monthly county court.
- 54-12-103 - Petition for road improvement district.
- 54-12-104 - Bond for costs and expenses Increase in penalty or security.
- 54-12-105 - Road improvement district confined to boundaries of county.
- 54-12-106 - Petitioners may employ counsel in preliminary matters Compensation for services, fixing.
- 54-12-107 - Committee for petitioners in preliminary matters in establishing district Compensation.
- 54-12-108 - Contents of petition Hearing Publication for landowner defendants.
- 54-12-109 - Objections, filing Assessment for preliminary costs and expenses Decree.
- 54-12-110 - Appeal from decision.
- 54-12-111 - Collection dates fixed upon assessment being made Assessment list certified to trustee to collect Compensation.
- 54-12-112 - Lien for assessment Enforcement.
- 54-12-113 - Bonds of trustee and clerk.
- 54-12-114 - Proceeding for cost and expense fund not to delay other proceedings Sixty percent acreage provision.
- 54-12-115 - Preliminary expenses may be paid by order of county legislative body Refund out of assessments or bonds of petitioners.
- 54-12-116 - Contributions or donations of preliminary expenses or parts of expenses without requiring refund.
- 54-12-117 - Petitioners required to pay preliminary expenses Judgment on their bond.
- 54-12-118 - Fund for expenses may be paid as needed.
- 54-12-119 - Refund to petitioners and their sureties paying preliminary expenses.
- 54-12-120 - Engineer.
- 54-12-121 - Compensation of engineers.
- 54-12-122 - Engineer to survey and locate roads and improvements.
- 54-12-123 - Engineer's return Contents.
- 54-12-124 - Recalling engineer and appointing another.
- 54-12-125 - Survey and location of roads along general course of present roads Exception.
- 54-12-126 - Engineer to submit itemized expense account or do work for stipulated sum.
- 54-12-127 - Expediency of plan Determination by court Submission of second plan.
- 54-12-128 - Summons or writ issued Served upon whom.
- 54-12-129 - Service of writ Acknowledgement.
- 54-12-130 - Publication for nonresidents, or those whose names or residences are unknown.
- 54-12-131 - Writ or publication need not state contents of petition or its prayer.
- 54-12-132 - Adjournment until notice given Jurisdiction not lost Appearance without formal answer.
- 54-12-133 - Claim for damages to be filed Guardian ad litem appointed for persons under disability.
- 54-12-134 - Sufficiency of petition determined Amendment of petition District allowed or refused If no claim for damages, district located and established.
- 54-12-135 - Further examination and report by engineer ordered Hearing continued until filing of report.
- 54-12-136 - Claims for damages prevent establishment of district until viewers appointed Qualifications Engineer to accompany viewers and give them information.
- 54-12-137 - Viewers upon being sworn to view premises, fix damages and report.
- 54-12-138 - Report of viewers to be filed promptly Others appointed upon failure to act.
- 54-12-139 - Value of land Incidental benefits considered in estimating incidental damages.
- 54-12-140 - Damages awarded considered in establishing district Location and establishment Damages determined.
- 54-12-141 - Appeal from decision establishing district or allowing damages Appeal bond.
- 54-12-142 - Appeal from order establishing or refusing to establish district, and penalty of appeal bond Damages on appeal bond.
- 54-12-143 - Appeal bond signed for all petitioner appellants by a designated petitioner Surety on bond required Pauper's oath not allowed.
- 54-12-144 - Appeal from award of damages will not prevent appropriation and condemnation of land, if petitioners give bond.
- 54-12-145 - Appeal heard de novo by circuit court that enters no judgment but enters amount fixed Clerk certifies to monthly county court.
- 54-12-146 - Circuit court order entered Certified to monthly county court.
- 54-12-147 - Appellants as plaintiffs in circuit court Consolidation of damage cases One transcript in several appeals.
- 54-12-148 - Costs in discretion of circuit court.
- 54-12-149 - Trial with or without a jury in circuit court.
- 54-12-150 - Damages fixed shall be paid or secured Manner of payment.
- 54-12-151 - Condemnation after damages are paid or secured.
- 54-12-152 - Appropriation of right-of-way, and of other necessary lands.
- 54-12-153 - Engineer or another appointee directed to make more complete survey and estimate of cost of improvement.
- 54-12-154 - Publication Requisites Effect.
- 54-12-155 - Intent of § 54-12-154.
- 54-12-156 - Road improvement record book Maintenance by county clerk Contents Entries made in regular minute book.
- 54-12-157 - Fees of county clerk Allowance for extra services.
- 54-12-158 - Compensation and expenses of viewers, commissioners, and of helpers.
- 54-12-159 - Compensation to be fixed by monthly county court where no provision made.
- Part 2 - Commissioners and Apportionment of Costs
- 54-12-201 - Appointment of commissioners Qualifications.
- 54-12-202 - Oath of commissioners Classification of lands on graduated scale of benefits.
- 54-12-203 - Commissioners shall equitably apportion and assess costs Report in writing.
- 54-12-204 - Classification according to percentage of benefits Remains basis unless revised.
- 54-12-205 - Subdivision and classification of body of land in one owner.
- 54-12-206 - Description and ownership of lands specified in reports.
- 54-12-207 - Objections to assessment and apportionment Filing.
- 54-12-208 - Assessment made without notice.
- 54-12-209 - Publication of hearing assessments and apportionments.
- 54-12-210 - District in more than one county Manner and times of publication.
- 54-12-211 - Determination of all objections to report and questions of apportionment and assessments Failure to benefit cannot be shown.
- 54-12-212 - Additional assessments, if first insufficient.
- 54-12-213 - New report ordered and new commissioners when report annulled or set aside.
- 54-12-214 - Levy of assessments Collected as other taxes Paid out on county warrant.
- 54-12-215 - Special assessment to pay costs and expenses.
- 54-12-216 - Special assessment, collection Delinquencies Compensation of trustee.
- 54-12-217 - Fund for payment of costs and expenses.
- 54-12-218 - Trustee to pay collections over to county clerk who shall pay to parties entitled under orders of court.
- 54-12-219 - Bonds required of trustee and county clerk.
- 54-12-220 - Appeal from order fixing assessment of benefits within five days Other provisions applicable.
- 54-12-221 - Appellant from order fixing assessment of benefits shall give appeal bond, and not pauper's oath.
- 54-12-222 - Appeal does not prevent collection of assessments, if appellant is indemnified by bond.
- 54-12-223 - Indemnity bond Execution.
- 54-12-224 - Counsel employed for district on trial in appellate court Payment.
- 54-12-225 - If any assessment cannot be enforced, assessments and apportionments shall be made as if never made Lands not assessed will be assessed Validity not affected.
- Part 3 - Management
- 54-12-301 - Directors to be appointed for district Qualifications Terms Duties and powers.
- 54-12-302 - Vacancy, filling Removal of director Appeal from order of removal Appeal bond Hearing anew in circuit court Appointment of another.
- 54-12-303 - Successors of directors Appointment.
- 54-12-304 - Organization of board Bond of treasurer.
- 54-12-305 - Compensation and expenses of directors.
- 54-12-306 - Contracts for improvements not to be made until after inspection, classifications, apportionment, and assessment of benefits.
- 54-12-307 - Publication of notice of letting work of construction or improvement.
- 54-12-308 - Contracts for sections of work or the whole may be let to the lowest bidder Rejection of bids and readvertisement.
- 54-12-309 - Deposit of bidders required.
- 54-12-310 - Bond or cash deposit required of successful bidders.
- 54-12-311 - Engineer employed to supervise construction of improvement work Compensation Removal, and contract with another.
- 54-12-312 - Bond required of engineer.
- 54-12-313 - Compensation of engineers.
- 54-12-314 - Contractor paid on basis of eighty percent of engineer's monthly estimate of amount of work done.
- 54-12-315 - Warrant to contractor for balance due on completion of work.
- 54-12-316 - Warrants drawn as ordinary warrants, but payable only out of improvement fund, and so stated upon their face.
- 54-12-317 - Contractor's failure to perform on contract forfeits cash deposit or gives recovery on bond.
- 54-12-318 - Road overseer employed for protection of district Compensation Discharge and employment of another.
- 54-12-319 - Special assessment for a special fund for maintenance Basis.
- 54-12-320 - Special assessment a lien inferior to general assessment Enforcement.
- 54-12-321 - Special maintenance fund Disbursements Manner.
- 54-12-322 - Injury to, damage or obstruction of road unlawful Penalty.
- Part 4 - Collection of Assessments
- 54-12-401 - Collection of assessments by county trustee Kept as a separate fund Collection by bill in chancery Personalty not to be distrained for such assessment.
- 54-12-402 - Amount fixed for annual levy County bonds issued Cost exceeding estimate, new apportionment of assessment and levy and other bonds.
- 54-12-403 - Payment in full amount of benefit assessed against land before bonds are issued.
- 54-12-404 - [Repealed.]
- 54-12-405 - Bonds to be paid only by assessments levied on the lands within the district.
- 54-12-406 - 54-12-409. [Repealed.]
- 54-12-410 - Assessment book made by county clerk for entire assessment or annually Interest on assessments after delinquency.
- 54-12-411 - Assessments become liens upon land.
- 54-12-412 - Bill in chancery to sell land for collection of delinquent assessments.
- 54-12-413 - Bill filed in name of county against landowners All delinquents may be made defendants to same bill.
- 54-12-414 - Trustee to furnish certified list of delinquent lands and names of owners, which is prima facie proof authorizing a decree.
- 54-12-415 - Suits proceeded with as other suits in chancery, except separate hearing and decree as to any one defendant.
- 54-12-416 - Public taxes to be paid before the delinquent assessments.
- 54-12-417 - Divestiture and vestiture of title subject to other unpaid assessments Writ of possession.
- 54-12-418 - Sale for cash subject to redemption within two years Manner of redemption.
- 54-12-419 - Attorney's fee charged as part of judgment.
- 54-12-420 - Adjudication of redemption Declaring land that of owner so redeeming Writ of possession.
- 54-12-421 - Redemption of lands by minors and persons of unsound mind within a year of removal of disability.
- 54-12-422 - [Repealed.]
- 54-12-423 - Assessments collectible only out of the assessed land.
- 54-12-424 - Compensation of trustee for collecting and paying out, and for certified copies.
- 54-12-425 - Compensation of trustee for receiving and paying out money derived from sale of bonds and warrants Bond and compensation of successor.
- 54-12-426 - Surplus funds from assessments, bonds, or notes Disposition.