Reassessments

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  1. (a) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed by the court as provided in § 14-116-603 and obligations based on the assessments have been incurred, but any reduction in benefits shall be paid for by the water district as damages. The claim for those damages shall be secondary and subordinate to the rights of the holders of bonds or other obligations or evidences of indebtedness which have theretofore been issued.

  2. (b) If, by reason of a change of the improvement plan pursuant to § 14-116-504, or change in land use, or any other reason, the board determines that current assessment on any land within the improvement project area has become inequitable, the board may direct the assessor to reassess the property. The assessor shall reassess the land in question, increasing the assessment if greater benefits will be received and reducing the assessment if benefits have decreased or if damages will be sustained.

  3. (c) All reassessments shall be made, advertised, and confirmed as is provided for the original assessment of benefits under this subchapter.

  4. (d) If any obligation of the water district arising from the improvement plan shall be outstanding at the time of a reassessment, the total liability thereon of land against which assessments of benefits have been confirmed shall be no less than the liability of the property by reason of the original assessment.


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