24-634. Levy upon lands for repair of improvements; assessment of costs where repair made necessary by negligence of landowner.
24-634
24-634. Levy upon lands for repair of improvements; assessment ofcosts where repair made necessary by negligence of landowner.If at any time after the final construction of said improvements thesame shall become out of repair, obstructed, inefficient, or defective fromany cause, the said board of supervisors may order an assessment upon thelands in said drainage district for the purpose of placing the same inproper and suitable condition for drainage purposes, using the originalassessment upon the property in said district as a basis to ascertain theratio that each separate tract or lot of land or property bears to thewhole amount to be levied and said board shall fix and determine the amountof the assessment or tax that shall be levied against each separate pieceof property in said district, and to meet the requirements of this act,which said assessment shall be limited to the amount necessary to make andcomplete said repairs, remove said obstruction or remedy any such defect ordefects, and shall be levied and collected in the same manner as otherassessments provided for in this act for the location, construction andoperation of said system of drainage are collected and expended:Provided, That if the repair is made necessary by the act ornegligence of the owner of any land through which such improvement isconstructed, or by the act or negligence of his agent or employee, or ifthe same is filled and obstructed by the cattle, hogs or other stock ofsuch owner, employee or agent then the cost thereof shall be assessed andlevied against the lands of such owner alone.
History: L. 1911, ch. 168, § 34; May 22; R.S. 1923, 24-634.