24-714. Construction of act; defects in assessments; supplemental assessments.
24-714
24-714. Construction of act; defects in assessments; supplementalassessments.This act shall be liberally construed, to promote the drainage of wet oroverflowed lands; and the collection of assessments shall not be defeatedby reason of any defect in the proceedings occurring prior to the judgmentof the court approving and affirming the assessments of benefits anddamages and ordering the work established: Provided, only, The courthad jurisdiction, but such judgment shall be conclusive that all priorproceedings were regular and according to law, nor shall any person, at anystage of the proceeding, be permitted to take advantage of any error,defect or informality which does not directly affect himself. Should itappear at any time that the assessment of benefits is insufficient tocomplete the work and pay expenses in connection therewith, thecommissioners of drainage appointed in said proceedings may file theirpetition setting forth the fact of such deficiency, and asking the courtfor authority to make an additional assessment.
Ten days' notice of the hearing of such petition shall be given to everyperson or corporation assessed for such work, or to the attorney of recordof such person or corporation, which notice shall be given and served inthe same manner as the notice of the hearing of the original petition,except that ten days' notice to residents of the county shall besufficient, and publication once in the same newspaper in which the noticeof the hearing of the original petition has been published, ten days priorto the date fixed for the hearing of such supplemental petition, shall besufficient. On or before the expiration of such ten days' notice, anyperson interested may file an answer or objection to such petition. Thecourt, after the expiration of such time, or after the hearing of theanswers or objections, if any be filed, and if satisfied of the necessitytherefor, may make an order authorizing the commissioners to make anadditional assessment on all the lands originally assessed as benefited,and in proportion to such original assessment; and the same, or so muchthereof as may be necessary, shall be first liens upon the lands againstwhich they are assessed, and shall be collected as hereinbefore provided incase of the original assessment.
The drainage commissioners or any person interested in such work mayalso file with the court a supplemental petition, showing that lands notassessed for benefits or damages are affected, as the petitioner believes,by such drainage, whether such lands are or are not described in thepetition or in either report of the commissioners. Notice of the hearing ofsuch supplemental petition shall be given as provided in case of the filingof the original petition. The court shall refer such supplemental petitionto the drainage commissioners appointed in said proceeding, to reportthereon; and all proceedings may be had thereon and orders and decrees madein relation thereto, including the construction of additional arms andbranches, as if it were the original petition; but the proceeding thereonshall not affect the original petition, unless the court for good cause,shall order the petitions consolidated. Any such order, however, shall nothinder or delay the original work of drainage.
History: L. 1907, ch. 197 § 11; L. 1909, ch. 128, § 3; March 25; R.S. 1923,24-714.