(1) The cost of improvements constructed or acquired pursuant to this part 5, or such part thereof as may be assessed against the property specially benefited, including the intersections of streets and alleys except the share to be assessed against railway companies, may be assessed on property, without regard to lot or land lines, on a frontage, zone, or other equitable basis in accordance with benefits as the same may be determined by the governing body.
When the governing body determines that the improvement of any street or alley,including the intersections of streets and alleys, or any other improvement authorized by this part 5 results in special benefits to both the municipality and the owners of property within the district, that portion of the cost of the improvement which results in a special benefit to the municipality may be assessed against the municipality and be payable in installments, as provided in this part 5. The determination by the governing body as to the property to be assessed and the amount of special benefits shall be conclusive of the facts stated therein.
No cost of improvements to streets or alleys shall be assessed to any property wherereasonable access to the street or alley is denied the owner of the property.
Any district formed for the purpose of encouraging, accommodating, and financingimprovements as authorized in section 31-25-502 (2) shall assess the costs of the improvements to each property whose owner has entered into a contract or agreement for the improvements. The contracts and agreements entered into with the owner of property, as authorized by the governing body, shall be conclusive regarding the special benefit to the property and the amount that may be assessed against the property.
Source: L. 75: Entire title R&RE, p. 1193, § 1, effective July 1. L. 77: Entire section amended, p. 1469, § 1, effective June 4. L. 86: (1) and (2) amended, p. 1047, § 5, effective July 1. L. 2008: (4) added, p. 1302, § 26, effective May 27.
Editor's note: (1) This section is similar to former § 31-25-513 as it existed prior to 1975.
(2) This section was originally numbered as § 31-25-512 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.