11-42-106 - Action to contest assessment or proceeding -- Requirements -- Exclusive remedy -- Bonds and assessment incontestable. - Utah Statutes

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Statutes > Utah > Title-11 > Chapter-42 > 11-42-106

11-42-106. Action to contest assessment or proceeding -- Requirements -- Exclusiveremedy -- Bonds and assessment incontestable.
(1) A person who contests an assessment or any proceeding to designate an assessmentarea or levy an assessment may commence a civil action against the local entity to set aside aproceeding or enjoin the levy or collection of an assessment.
(2) (a) Each action under Subsection (1) shall be commenced in the district court withjurisdiction in the county in which the assessment area is located.
(b) An action under Subsection (1) may not be commenced against and a summonsrelating to the action may not be served on the local entity more than 30 days after the effectivedate of the assessment resolution or ordinance or, in the case of an amendment, the amendedresolution or ordinance.
(3) (a) An action under this section is the exclusive remedy of a person who claims anerror or irregularity in an assessment or in any proceeding to designate an assessment area or levyan assessment.
(b) A court may not hear any complaint that a person was authorized to make but did notmake in a protest under Section 11-42-203 or at a hearing under Section 11-42-204.
(4) An assessment or a proceeding to designate an assessment area or to levy anassessment may not be declared invalid or set aside in part or in whole because of an error orirregularity that does not go to the equity or justice of the assessment or proceeding.
(5) After the expiration of the 30-day period referred to in Subsection (2)(b):
(a) assessment bonds and refunding assessment bonds issued or to be issued with respectto an assessment area and assessments levied on property in the assessment area become at thattime incontestable against all persons who have not commenced an action and served a summonsas provided in this section; and
(b) a suit to enjoin the issuance or payment of assessment bonds or refunding assessmentbonds, the levy, collection, or enforcement of an assessment, or to attack or question in any waythe legality of assessment bonds, refunding assessment bonds, or an assessment may not becommenced, and a court may not inquire into those matters.

Enacted by Chapter 329, 2007 General Session

State Codes and Statutes

Statutes > Utah > Title-11 > Chapter-42 > 11-42-106

11-42-106. Action to contest assessment or proceeding -- Requirements -- Exclusiveremedy -- Bonds and assessment incontestable.
(1) A person who contests an assessment or any proceeding to designate an assessmentarea or levy an assessment may commence a civil action against the local entity to set aside aproceeding or enjoin the levy or collection of an assessment.
(2) (a) Each action under Subsection (1) shall be commenced in the district court withjurisdiction in the county in which the assessment area is located.
(b) An action under Subsection (1) may not be commenced against and a summonsrelating to the action may not be served on the local entity more than 30 days after the effectivedate of the assessment resolution or ordinance or, in the case of an amendment, the amendedresolution or ordinance.
(3) (a) An action under this section is the exclusive remedy of a person who claims anerror or irregularity in an assessment or in any proceeding to designate an assessment area or levyan assessment.
(b) A court may not hear any complaint that a person was authorized to make but did notmake in a protest under Section 11-42-203 or at a hearing under Section 11-42-204.
(4) An assessment or a proceeding to designate an assessment area or to levy anassessment may not be declared invalid or set aside in part or in whole because of an error orirregularity that does not go to the equity or justice of the assessment or proceeding.
(5) After the expiration of the 30-day period referred to in Subsection (2)(b):
(a) assessment bonds and refunding assessment bonds issued or to be issued with respectto an assessment area and assessments levied on property in the assessment area become at thattime incontestable against all persons who have not commenced an action and served a summonsas provided in this section; and
(b) a suit to enjoin the issuance or payment of assessment bonds or refunding assessmentbonds, the levy, collection, or enforcement of an assessment, or to attack or question in any waythe legality of assessment bonds, refunding assessment bonds, or an assessment may not becommenced, and a court may not inquire into those matters.

Enacted by Chapter 329, 2007 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-11 > Chapter-42 > 11-42-106

11-42-106. Action to contest assessment or proceeding -- Requirements -- Exclusiveremedy -- Bonds and assessment incontestable.
(1) A person who contests an assessment or any proceeding to designate an assessmentarea or levy an assessment may commence a civil action against the local entity to set aside aproceeding or enjoin the levy or collection of an assessment.
(2) (a) Each action under Subsection (1) shall be commenced in the district court withjurisdiction in the county in which the assessment area is located.
(b) An action under Subsection (1) may not be commenced against and a summonsrelating to the action may not be served on the local entity more than 30 days after the effectivedate of the assessment resolution or ordinance or, in the case of an amendment, the amendedresolution or ordinance.
(3) (a) An action under this section is the exclusive remedy of a person who claims anerror or irregularity in an assessment or in any proceeding to designate an assessment area or levyan assessment.
(b) A court may not hear any complaint that a person was authorized to make but did notmake in a protest under Section 11-42-203 or at a hearing under Section 11-42-204.
(4) An assessment or a proceeding to designate an assessment area or to levy anassessment may not be declared invalid or set aside in part or in whole because of an error orirregularity that does not go to the equity or justice of the assessment or proceeding.
(5) After the expiration of the 30-day period referred to in Subsection (2)(b):
(a) assessment bonds and refunding assessment bonds issued or to be issued with respectto an assessment area and assessments levied on property in the assessment area become at thattime incontestable against all persons who have not commenced an action and served a summonsas provided in this section; and
(b) a suit to enjoin the issuance or payment of assessment bonds or refunding assessmentbonds, the levy, collection, or enforcement of an assessment, or to attack or question in any waythe legality of assessment bonds, refunding assessment bonds, or an assessment may not becommenced, and a court may not inquire into those matters.

Enacted by Chapter 329, 2007 General Session