68-117b. Same; benefit district; damages; abandonment of proceedings, when; assessment of benefits.
68-117b
68-117b. Same; benefit district; damages; abandonment of proceedings,when; assessment of benefits.Every such petition for laying out, widening or altering a road, shallcontain a description of the boundary lines of the benefit district, withinthe limits hereinafter prescribed; any such benefit district may bediminished, but not increased in size, by either the board of countycommissioners or by the district court on appeal. Such benefit districtshall extend back not less than one hundred feet and not more than twelvehundred feet from either side of the proposed road: Provided, however,That if the land on either side of said proposed road be platted into lotsor blocks, then the benefit district as to such platted land shall notextend more than one-half block, with a maximum distance of three hundredfeet on the side or sides of the road where such land is so platted, and asto unplatted land, the benefit district shall in no case extend back adistance of more than twelve hundred feet from the side of the proposedroad. If either the commissioners or the court on appeal find that thetotal amount of damages awarded exceeds the total amount of the benefits,then they shall dismiss the entire proceeding without prejudice; if theyfind the benefits equal to or in excess of the amount of damages awarded,they shall fix the limits of the benefit district embracing such realestate as they find to be especially benefited, within the limitshereinbefore prescribed, and shall proceed to assess benefits equal to theamount of the damages in the following manner:
(a) Such an amount as they shall determine shall be paid by the county;
(b) the remainder of the benefits shall be assessed against the land inthe benefit district as established in the manner provided by this sectionin such amount and in such proportion against the various tracts of land,exclusive of improvements, as they find such tracts of land are benefitedby the opening, altering or widening of such road.
It shall be the duty of the commissioners or viewers at the same timethey make their certificate of view, if favorable, to make also a separatecertificate in writing, stating the amount of the damages, if any, by themawarded and to whom, and at the same time submit a certificate showing themanner in which the damages are to be paid by the levying of benefitsagainst the various tracts of land within the benefit district, which hasbeen established by them in connection with, and as a part of suchproceedings, and the manner of payment of such benefits. Such certificatesof the commissioners or viewers shall contain the correct description ofeach part or parcel of private property taken, if any, and the valuethereof, and of each piece of property damaged, and the amount of damagesfor which compensation is to be paid as ascertained by the viewers orcommissioners as above provided.
In case a part of a tract of land is taken, for which damages areallowed, and benefits assessed against the remaining portion of such tract,then such part of the damages as may be necessary shall be applied to payoff and have discharged of record any taxes or mortgages on such condemnedland, and the owner of said land may have the remainder of the damages,including damages to the remaining property, if any, offset against thebenefits assessed against his remaining land in the benefit district, or somuch thereof as may be required to pay such benefits in full. Benefitsassessed may be paid in full without interest within thirty days from dateof final determination of the amount thereof. If not paid within suchperiod of time, then they may be paid in the same manner as are generaltaxes: Provided, That they be due in equal amounts over not to exceedfive years, and that the unpaid portions thereof bear interest at not toexceed six percent per annum, payable annually, which manner of payment andrate of interest shall be fixed by the board of county commissioners.
The net amount of the damages to be paid to acquire such land socondemned shall be advanced by the county from its general fund, and itshall thereafter receive and collect benefits in the manner provided forabove, and place the same with interest thereon to the credit of itsgeneral fund.
History: L. 1947, ch. 352, § 2; April 15.