Arizona Revised Statutes § 48-2847 Invalidity Of Liens Or Bonds; Extent Of Validity; Means To Secure Interest Of Persons Damaged

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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Last modified: October 13, 2016