11-641. Money illegally paid; liability; recovery
A. When a board of supervisors, without authority of law, orders any money paid from the county treasury, the board and the party in whose favor the order is made shall be jointly and severally liable for the money with interest at the legal rate, and twenty per cent additional on the principal amount. If the money is paid on a claim presented by a member of the board, the supervisor presenting the claim and the board shall be jointly and severally liable for the money with interest at the legal rate, and twenty per cent additional on the principal amount.
B. If an illegal payment of money is made as described in subsection A, the county attorney shall institute an action in the name of the county, against the board of supervisors and others liable, to enjoin the payment of the money, or if it has been paid, to recover it with interest at the legal rate, and twenty per cent additional on the principal amount, to be paid into the county treasury to the credit of the fund from which the allowance was made.
C. The board of supervisors may not dismiss, compromise or in any way control such action. No bond shall be required of a county in the action, on an injunction, or on an appeal.
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