A. If the lien of an assessment or reassessment or of a bond issued to represent the amount assessed on any lot is held invalid by a court because a portion of the improvement ordered was not within the power of the board to order or was not properly embraced in the contract for the work or in the assessment made to cover the expenses, the owner of the warrant or the holder of the bond is entitled to a judgment determining what portion of the assessment is legal. The district shall, within sixty days and pursuant to the directions of the judgment, issue to him a new assessment for an amount which the court finds is the reasonable value of the portion of the improvement legally authorized by the proceedings, which amount shall be reassessed against the property in the same manner and with the same effect as provided for issuing the original assessment, and may be enforced as an original assessment. The holder of bonds representing the original assessment is entitled to new bonds on each lot representing the amount of the reassessment.

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Terms Used In Arizona Laws 48-2060

  • Board: means the board of directors of the district or the board of supervisors acting as the board of directors pursuant to section 48-2010. See Arizona Laws 48-2041
  • Contract: A legal written agreement that becomes binding when signed.
  • improvement: means any of the improvements authorized to be made by this article, the construction, reconstruction and repair of all or part of the improvements and labor, services, incidental expenses and material necessary or incidental to the improvements. See Arizona Laws 48-2041
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lot: means any portion, piece, parcel or subdivision of land or property, or property owned or controlled by any person as a railroad right-of-way. See Arizona Laws 48-2041
  • Owner: means the person who, on the day the action or proceeding is begun, possesses legal title to the lot by deed recorded in the county recorder's office or the person in possession of the lot under claim of title or exercising acts of ownership over the lot for himself or as the personal representative of the owner. See Arizona Laws 48-2041
  • Property: includes both real and personal property. See Arizona Laws 1-215

B. If the lien of an assessment, or of a bond issued for an assessment amount, is held invalid by a court for any cause arising after the authority of the board attaches to order the work, or if the lien is defeated or held invalid for any cause, and it also appears that the owner of the property, holding it at the time the notice of the award of the contract was published, had personal knowledge of the intention to order the award of the contract, and has not filed a protest against the improvement or a notice of his objection to the award of the contract, the owner of the assessment or bond may recover from the owner of the lot covered by the assessment such amount as the court finds the lot to have been actually benefited by the improvement, not exceeding the amount which would have been properly assessed against the lot.