§ 14-116-601. Assessment of benefits and damages

AR Code § 14-116-601 (2018) (N/A)
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(a) After the court issues an order approving the improvement plan, the assessor shall proceed to assess the land within the project area on the basis of benefits accruing to the land from the improvement plan.

(b)

(1) Taking into account available funding sources, and in the discretion of the district, the total tax levied against all individual and separate parcels of land within the project area shall be sufficient to pay up to the estimated cost of the improvement, all related costs, including, but not limited to, the interest, bond issuance, legal, accounting, appraisals, the debt issuance and related costs, and up to an additional twenty percent (20%) for unforeseen contingencies.

(2) The amount of interest which will accrue on notes, bonds, or other evidences of indebtedness issued by a water district shall be included in and added to the taxes levied against the land in the project area, but the interest to accrue on the notes, bonds, or other evidences of indebtedness shall not be construed as a part of the costs of construction in determining whether the expenses and the costs of making the improvements exceed the assessment of benefits.

(c) The tax so levied shall be a lien upon the land within the improvement project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax and all related costs and expenses with penalties shall have been paid.

(d)

(1) A separate book for each improvement project area shall be maintained with respect to assessments of benefits on the basis of benefits accruing to the land from the improvement plan.

(2) The assessor shall cause to be inscribed in the book the description of each tract of land. The assessor shall assess the value of the benefits to accrue to each tract by reason of the improvement plan, including, without limitation, the works of improvement, and shall enter the assessment of benefits opposite the description, together with an estimate of what the landowner will be required to pay on the assessment.

(3) There shall be placed opposite the description of each tract of land the name of the owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. Evident errors which occur in the county assessment list may be corrected.

(e) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvements, including all injury to lands taken or damaged.