48-2059. Action against property owner to collect assessment
A. If the district chooses not to issue bonds, or fails to issue bonds on completion of the work, at any time after thirty-five days from the date of the warrant or, if any objection filed with the board as provided in section 48-2058 is denied, at any time after five days from its decision, the contractor may sue the owner of the lot assessed and recover the amount of an assessment remaining unpaid with interest at the rate of eight per cent per annum until paid or foreclose the lien of the assessment.
B. If the district chooses not to issue bonds, or fails to issue bonds on the completion of the work, and if personal demand has been made and the owner has refused to pay the assessment so demanded, the plaintiff may recover reasonable attorney fees.
C. Only one action shall be begun to foreclose liens arising under a single proceeding against the same defendant.
D. The warrant, assessment and diagram, with the affidavit of demand and nonpayment, are prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the board on which the warrant, assessment and diagram are based and are also evidence of the right of the plaintiff to recover.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
