A. At the preliminary hearing of the board on the question of creating an improvement district as authorized in Section 4-55A-10 NMSA 1978, any owner of a tract or parcel of land to be assessed or upon which it is proposed to impose an improvement district property tax may contest:

(1) the proposed assessment or tax;

(2) the regularity of the proceedings relating to the improvement;

(3) the benefits of the improvement; or

(4) any other matter relating to the improvement district.

B. The board shall not assess the tract or parcel of land an amount greater than the actual benefit to the tract or parcel of land by reason of the enhanced value of the tract or parcel of land as a result of the improvement as ascertained at the hearing. The board may allow a fair price, based on its current value, as a setoff against any assessment against a tract or parcel of land if the owner has improved the tract or parcel of land in such a manner that the improvement may be made part of the proposed improvement.

C. At the hearing, the board may:

(1) correct any mistake or irregularity in any proceeding relating to the improvement;

(2) correct an assessment to be made against or an improvement district property tax to be imposed upon any tract or parcel of land;

(3) in case of any invalidity, reassess the cost of the improvement against a benefiting tract or parcel of land; or

(4) recess the hearing from time to time.

D. Within thirty days after the hearing, any owner of a tract or parcel of land to be assessed or upon which it is proposed to impose an improvement district property tax, whether he appeared at the hearing or not, may commence an action in district court seeking an account of any error or invalidity of the proceedings relating to the improvement district to set aside or correct the assessment or any proceedings relating to the improvement district. Thereafter, any owner or his heirs, assigns, successors or personal representatives are perpetually barred from any action or any defense of error or invalidity in the proceedings or assessments. Where no owner of a tract or parcel to be assessed has presented a protest during the hearing and all owners of the property to be assessed, upon conclusion of the hearing, submit written statements in favor of the creation of the improvement district for the types and character of improvements indicated in the petition, such owners shall be deemed to have waived their right to bring any action in district court seeking an account of any error or invalidity of the proceedings relating to the improvement district or to set aside or correct the assessment or any proceedings relating to the improvement district.

History: Laws 1980, ch. 91, § 12; 1991, ch. 199, § 40; 1998, ch. 47, § 6; 2001, ch. 312, § 11.

The 2001 amendment, effective June 15, 2001, inserted "or an improvement district property tax to be imposed upon" in Subsection C(2); and inserted "or upon which it is proposed to impose an improvement district property tax" in near the beginning of Subsection D.

The 1998 amendment, effective July 1, 1998, in Subsection A, inserted "or upon which it is proposed to impose an improvement district property tax"; in Subsection A(1), inserted "or tax"; in Subsection B, substituted "current" for "present"; in Subsections B(2) and (B)(4) and Subsection D, inserted "to be"; and made minor stylistic changes.

The 1991 amendment, effective April 4, 1991, inserted "action of the board" in the catchline; substituted "Section 4-55A-10 NMSA 1978" for "Section 10 of the County Improvement District Act" in the introductory paragraph in Subsection A; substituted "a benefiting" for "an abutting" in Paragraph (3) in Subsection C; and inserted "perpetually" in the second sentence and added the third sentence in Subsection D.