88.117. New assessment not to exceed old.
New assessment not to exceed old.
88.117. The total amount of such new assessment shall be insuch sum as is equitable under all circumstances. It shall in nocase exceed that part of the previous assessment that is invalidand is unpaid at the time the ordinance levying the newassessment is introduced, and where, because of lack ofcompetitive bidding, or other cause, the value of theimprovement, when made, was less than the contract price thereof,then the new assessment shall not exceed the fair value of theimprovement at said time less all payments made on the originalassessment and the amount of such part of the original assessmentas is valid. And no lot or parcel of land shall be assessed bysaid ordinance in a greater amount than the difference betweenthe amount of the benefits it shall have received from theimprovement and the credits to which it is entitled under section88.113; provided, however, that if, through error ormisconstruction, the amount of the new assessment should, in anycase, be excessive under this provision, because of the failureto give a proper credit or credits under section 88.113, the newassessment shall not thereby be avoided, but any person owning orpecuniarily interested in any property which shall not havereceived due credit under the aforesaid provisions shall beentitled to a proper reduction in amount, in any proceedingbrought to enforce such assessment or tax bill, or in appropriateproceedings instituted for the purpose by him or them in thecircuit court of the county or city where the property issituated.
(RSMo 1939 § 7382)Prior revisions: 1929 § 7231; 1919 § 8664