Okla. Stat. tit. 82, § 82-616
This is the official text of Okla. Stat. tit. 82, § 82-616, part of Oklahoma’s Stat. tit. 82, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 82,." Browse the sections below, each linked to its official government source.
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Defects and irregularities, how cured
Official statutory text
No fault in petition or any notice or other proceedings shall
affect the validity of any proceedings under this act, except to the
extent to which it can be shown that such fault resulted in a
material denial of justice to the property owner complaining of such
fault, and except as to matters concerning the acquirement of
original jurisdiction of the district.
In case it is found upon a hearing that by reason of some
irregularity or defect in the proceedings the appraisal has not been
properly made, the court may nevertheless on having proof that
expense has been incurred which is a proper charge against the
property of the complainant render a finding as to the amount of
Oklahoma Statutes - Title 82. Waters and Water Rights Page 104
benefits to said property, and appraise the proper benefits
accordingly, and thereupon said land shall be assessed as other land
equally benefited, if original jurisdiction has been acquired and an
appeal shall be allowed as is provided in the case of the original
appraisement. In the event that at any time either before or after
the issuance of bonds pursuant to the provisions of this act, the
appraisals of benefits, either as a whole or in part, be declared by
any court of competent jurisdiction to be invalid by reason of any
defect or irregularity in the proceedings therefor, whether
jurisdictional or otherwise, the said district court is hereby
authorized and directed on the application of the board of directors
of said district or on the application of any holder of any bonds
which may have been issued pursuant thereto, properly and without
delay to remedy all defects or irregularities as the case may
require, by directing and causing to be made in the manner
hereinbefore provided, a new appraisal of the amount of benefits
against the whole or any part of the lands in the said district as
the case may require.
affect the validity of any proceedings under this act, except to the
extent to which it can be shown that such fault resulted in a
material denial of justice to the property owner complaining of such
fault, and except as to matters concerning the acquirement of
original jurisdiction of the district.
In case it is found upon a hearing that by reason of some
irregularity or defect in the proceedings the appraisal has not been
properly made, the court may nevertheless on having proof that
expense has been incurred which is a proper charge against the
property of the complainant render a finding as to the amount of
Oklahoma Statutes - Title 82. Waters and Water Rights Page 104
benefits to said property, and appraise the proper benefits
accordingly, and thereupon said land shall be assessed as other land
equally benefited, if original jurisdiction has been acquired and an
appeal shall be allowed as is provided in the case of the original
appraisement. In the event that at any time either before or after
the issuance of bonds pursuant to the provisions of this act, the
appraisals of benefits, either as a whole or in part, be declared by
any court of competent jurisdiction to be invalid by reason of any
defect or irregularity in the proceedings therefor, whether
jurisdictional or otherwise, the said district court is hereby
authorized and directed on the application of the board of directors
of said district or on the application of any holder of any bonds
which may have been issued pursuant thereto, properly and without
delay to remedy all defects or irregularities as the case may
require, by directing and causing to be made in the manner
hereinbefore provided, a new appraisal of the amount of benefits
against the whole or any part of the lands in the said district as
the case may require.
Status: in_force · Read it on the official government site
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