Determination of special benefits - factors considered.

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(1) The term "benefit", for the purposes of assessing a particular property within a district, includes, but is not limited to, the following:

  1. Any increase in the market value of the property;

  2. The provision for accepting the burden from specific dominant property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his property impermeable;

  3. Any adaptability of property to a superior or more profitable use;

  4. Any alleviation of health and sanitation hazards accruing to particular property oraccruing to public property in the improvement district, if the provision of health and sanitation is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;

  5. Any reduction in the maintenance costs of particular property or of public property inthe improvement district, if the maintenance of the public property is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;

  6. Any increase in convenience or reduction in inconvenience accruing to particularproperty owners, including the facilitation of access to and travel over streets;

  7. Recreational improvements accruing to particular property owners as a direct resultof drainage improvement.

(2) As used in connection with any district formed for the purpose of encouraging, accommodating, and financing improvements as authorized in section 31-25-502 (2), the term "benefit" shall include, but not be limited to, any acknowledged value set forth in the contracts and agreements entered into by the owner of the assessed property.

Source: L. 75: Entire section added, p. 997, § 3, effective July 1. L. 86: IP(1) amended,

p. 1046, § 4, effective July 1. L. 2008: (2) added, p. 1302, § 25, effective May 27.

Editor's note: This section was originally numbered as § 31-25-506.5 in Senate Bill 75052 but was renumbered on revision in 1977 for ease of location.


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