Limitation Period for Contesting or Enjoining Assessments

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No action shall be sustained (1) to set aside any assessment, (2) to enjoin the governing body from making, fixing, or collecting the assessment or issuing or levying executions therefor or issuing bonds or providing for their payment, or (3) contesting the validity thereof on any grounds or for any reason other than the failure of the governing body to adopt and publish the preliminary resolution provided for in Code Section 36-39-3 in cases requiring such resolution and its publication or to give notice of the hearing of the return of the appraisers as provided for in Code Section 36-39-14, unless such action is commenced within 30 days after the passage of the ordinance making the assessment final.

(Ga. L. 1927, p. 321, § 12; Code 1933, § 69-424.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 70C Am. Jur. 2d, Special or Local Assessments, § 205 et seq.

C.J.S.

- 40 C.J.S., Highways, § 472. 64 C.J.S., Municipal Corporations, §§ 1652, 1653, 1673.

ALR.

- Validity of promise based on invalid paving assessment, 20 A.L.R. 1326.

Right to enjoin enforcement of illegal tax, local assessment, or license fee, upon joinder of several affected thereby, 32 A.L.R. 1266; 156 A.L.R. 319.

Personal liability of property owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030.

Manner of enforcing special assessments against public property, 150 A.L.R. 1394.


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