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<br />1916 <br /> <br />Water and Irrigation <br /> <br />Ch. 390 <br /> <br />DISTRICT WITH RESPECT TO THE SAME LAND AND FOR OTHER RELIEF WITH RESPECT TO <br />SUCH LAND AS PROVIDED BY THE COLORADO RULES OF CIVIL PROCEDURE THEN IN <br />EFFECT FOR THE FORECLOSURE OF LIENS ON REAL PROPERTY. NO STATUTE OF <br />LIMITATIONS SHALL BE APPLICABLE TO THE RIGHTS OF THE DISTRICT ARISING FROM <br />ANY ASSESSMENT. No DECREE, OR SALE OF LANDS THEREUNDER, SHALL BE MADE <br />EXCEPT ONE SUBJECT TO THE LIEN OF FUTURE UNPAID INSTALLMENTS OF <br />ASSESSMENTS. THE COUNTY TREASURER SHALL BE MADE A PARTY TO ANY ACTION OF <br />THE DISTRICT AUTHORIZED BY THIS SECTION. <br /> <br />37-50-116. Assessments perpetnallien. ALL ASSESSMENTS ON ACCOUNT OF <br />SPECIAL IMPROVEMENTS AGAINST APPRAISED BENEFITS AND INTEREST THEREON AND <br />PENALTIES FOR DEFAULT OF PAYMENT THEREOF, TOGETHER WITH THE COST OF <br />COLLECTING THE SAME, FROM THE DATE OF THE FILING OF THE CONSTRUCTION FUND <br />AND THE ASSESSMENT RECORD IN THE OFFICE OF THE TREASURER OF THE COUNTY IN <br />WHICH THE LANDS AND PROPERTY ARE SITUATED, SHALL CONSTITUTE A PERPETUAL <br />LIEN IN AN AMOUNT NOT IN EXCESS OF THE BENEFITS SEVERALLY APPRAISED UPON <br />THE LAND AND OTHER PROPERTY AGAINST WHICH ASSESSMENTS HA VE BEEN LEVIED <br />AND SUCH BENEFITS APPRAISED. No SALE OF THE PROPERTY TO ENFORCE ANY <br />GENERAL STATE, COUNTY, CITY, TOWN, OR SCHOOL TAX OR OTHER LIEN SHALL <br />EXTINGUISH THE PERPETUAL LIEN OF THE ASSESSMENT. AT ANY TIME, A LANDOWNER <br />MAY PAY THE FULL AMOUNT OF THE ASSESSMENT, AND THEREAFTER THE PROPERTY <br />OF THE LANDOWNER SHALL BE CLEAR AND FREE FROM LIEN AND SHALL NOT BE <br />SUBJECT TO ASSESSMENT FORAND ON ACCOUNT OF BENEFITS APPRAISED AGAINST ANY <br />OTHER LAND OR DEFAULT IN THE PAYMENT OF ASSESSMENTS MADE AGAINST ANY <br />OTHER LAND. <br /> <br />37-50-117. Directors to remedy defects in assessments. IF ANY ASSESSMENT <br />MADE UNDER THE PROVISIONS OF THIS ARTICLE PROVES INV ALID, THE BOARD, BY <br />SUBSEQUENT OR AMENDED ACTS OR PROCEEDINGS, PROMPTLY AND WITHOUT DELAY, <br />SHALL REMEDY ALL DEFECTS OR IRREGULARITIES, AS THE CASE MAY REQUIRE, BY <br />MAKING AND PROVIDING FOR THECOLLECTlON OFNEW ASSESSMENTS OR OTHERWISE. <br /> <br />37-50-118. Assessment record as evidence. THE RECORD OF ASSESSMENTS <br />CONTAINED IN THE RESPECTIVE ASSESSMENT RECORDS OF THE DISTRICf SHALL BE <br />PRIMA FACIE EVIDENCE IN ALL COURTS OF ALL MATTERS CONTAINED IN THE RECORD. <br /> <br />37-50-119. Defects in notice perfected. WHENEVER IN THIS ARTICLE NOTICE IS <br />PROVIDED FOR, IF THE COURT FINDS THAT DUE NOTICE WAS NOT GIVEN, JURISDICTION <br />SHALL NOT BE LOST NOR THE PROCEEDINGS ABATED OR HELD VOID, BUT THE COURT <br />_ _~HA~ CO~TIN~ '[.HE HEARING ..illiTJL]ROPJ;:~ ~QJ!..C~ tI~S_BEm-r....QJVEN @P .1H,E~__ ___ ___________ _ ______ <br />SHALL PROCEED AS THOUGH PROPER NOTICE HAD BEEN GIVEN IN THE FIRST INSTANCE. <br />IF ANY APPRAISAL, ASSESSMENT, LEVY, OR OTHER PROCEEDING RELATING TO THE <br />DISTRICT IS HELD DEFECTIVE, THEN THE BOARD MAY FILE A MOTION IN THE CAUSE IN <br />WHICH THE DISTRICT WAS ORGANIZED TO PERFECT ANY SUCH DEFECT, AND THE COURT <br />SHALL SET A TIME TO HEAR THE MOTION. IF THE ORIGINAL NOTICE AS A WHOLE IS <br />HELD TO BE SUFFICIENT, BUT FAULTY ONLY WITH REFERENCE TO PUBLICATION AS TO <br />CERTAIN PARTICULAR LANDS OR AS TO SERVICE AS TO CER T AlN PERSONS, PUBLiCATION <br />OF THE DEFECTIVE NOTICE MAYBE ORDERED AS TO THE PARTICULAR LANDS OR <br />SERVICE MAYBE MADE ON THE PERSONS NOT PROPERLY SERVED, AND THE NOTICE IS <br />THEREBY CORRECTED WITHOUT INV ALIDA TING THE ORIGINAL NOTiCE AS TO OTHER <br />LANDS OR PERSONS. <br />