Okla. Stat. tit. 11, § 11-39-108
This is the official text of Okla. Stat. tit. 11, § 11-39-108, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Hearings on creation of district - Protests and
Official statutory text
objections.
A. At the hearing of the governing body on the proposed
resolution creating a district, any interested person or owner of
property to be assessed for the improvement may file a written
protest or objection questioning the:
1. Propriety and advisability of constructing the improvement;
2. Estimated cost of the improvement;
3. Manner of paying for the improvement; and
4. Amount to be assessed against the individual tract or parcel
of land.
B. The governing body may recess the hearing from time to time
so that all protestants may be heard.
C. At the hearing, the governing body may:
1. Correct any mistake or irregularity in any proceeding
relating to the improvement;
2. Correct an assessment made against any tract or parcel of
land;
3. In case of any invalidity, reassess the cost of the
improvement against an abutting tract or parcel of land;
Oklahoma Statutes - Title 11. Cities and Towns Page 437
4. Delete any tract or parcel of land, protested by the owner,
from the district; and
5. Recess the hearing from time to time.
D. Within thirty (30) days after the governing body has
concluded the hearing; determined the advisability of constructing
the improvement and the type and character of the improvement; and
created the improvement district, any person who, during the
hearing, filed a written protest with the governing body protesting
the construction of the improvement may commence an action in
district court to correct or set aside the determination of the
governing body. After the lapse of thirty (30) days succeeding the
determination of the governing body, any action attacking the
validity of the proceedings and the amount of benefit to be derived
from the improvement is perpetually barred. Provided, however, if
the owners of fifty percent (50%) or more in area of the tracts or
parcels within the district or a majority of the owners of record of
property in the assessment area protest, in writing, the creation of
the district, the district shall not be created.
A. At the hearing of the governing body on the proposed
resolution creating a district, any interested person or owner of
property to be assessed for the improvement may file a written
protest or objection questioning the:
1. Propriety and advisability of constructing the improvement;
2. Estimated cost of the improvement;
3. Manner of paying for the improvement; and
4. Amount to be assessed against the individual tract or parcel
of land.
B. The governing body may recess the hearing from time to time
so that all protestants may be heard.
C. At the hearing, the governing body may:
1. Correct any mistake or irregularity in any proceeding
relating to the improvement;
2. Correct an assessment made against any tract or parcel of
land;
3. In case of any invalidity, reassess the cost of the
improvement against an abutting tract or parcel of land;
Oklahoma Statutes - Title 11. Cities and Towns Page 437
4. Delete any tract or parcel of land, protested by the owner,
from the district; and
5. Recess the hearing from time to time.
D. Within thirty (30) days after the governing body has
concluded the hearing; determined the advisability of constructing
the improvement and the type and character of the improvement; and
created the improvement district, any person who, during the
hearing, filed a written protest with the governing body protesting
the construction of the improvement may commence an action in
district court to correct or set aside the determination of the
governing body. After the lapse of thirty (30) days succeeding the
determination of the governing body, any action attacking the
validity of the proceedings and the amount of benefit to be derived
from the improvement is perpetually barred. Provided, however, if
the owners of fifty percent (50%) or more in area of the tracts or
parcels within the district or a majority of the owners of record of
property in the assessment area protest, in writing, the creation of
the district, the district shall not be created.
Status: in_force · Read it on the official government site
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