Texas Transportation Code - Section 312.062. Assessment Following Void Or Erroneous Assessment
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§ 312.062. ASSESSMENT FOLLOWING VOID OR ERRONEOUS
ASSESSMENT. (a) The governing body of a municipality may assess
property that abuts an improvement with the amount of the cost of
the improvement if for any reason none of the cost of the
improvement has been borne by the abutting property or its owner
either because an attempted assessment and enforcement of the
assessment was erroneous or void or was declared erroneous or void
in a judicial proceeding and if:
(1) the municipality has spent public money on the
improvement;
(2) a municipal voucher or certificate has been issued
to a contractor; or
(3) the municipality has contracted for the
improvement.
(b) The assessment may not exceed the special benefit the
property receives in enhanced value to the property.
(c) The amount of the special benefit is to be determined on
a basis of the condition of the improvement at the time of the
assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Section: 312.042 312.043 312.044 312.045 312.046 312.047 312.061 312.062 312.063 312.064 312.065 312.066 312.067 313.001 313.002
Last modified: August 10, 2007
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