A. It is the purpose of Sections 4-55A-29 through 4-55A-33 NMSA 1978 to:

(1) charge the cost of any improvement payable by the tract or parcel of land benefited by the improvement by making a reassessment for the cost of the improvement; and

(2) permit the making of a reassessment when an original assessment is declared void or the enforcement of the original assessment is refused by a court.

B. Whenever any assessment for improvements is declared void or unenforceable, either directly or indirectly, by a decision of any court for any cause whatever, the board shall reassess the tracts or parcels of land that are benefited or will be benefited by the improvement to the extent of the proportionate share of the cost of the improvement of each tract or parcel of land together with accrued interest.

C. The reassessment roll shall be prepared, a hearing held on the reassessment roll and a final determination of the reassessment made by the board, all in the manner provided in Sections 4-55A-18 through 4-55A-20 NMSA 1978 for the original assessment.

History: Laws 1980, ch. 91, § 29; 1991, ch. 199, § 51.

The 1991 amendment, effective April 4, 1991, substituted "Sections 4-55A-29 through 4-55A-33 NMSA 1978" for "Sections 29 through 33 of the County Improvement District Act" in Subsection A; deleted the former second sentence in Subsection B which read "If the cost of the improvement exceeds the actual value of the improvement, the reassessment shall be based upon the actual value of the improvement at the time of its completion"; substituted "Sections 4-55A-18 through 4-55A-20 NMSA 1978" for "Sections 18 through 20 of the County Improvement District Act" in Subsection C; and made minor stylistic changes in Subsections B and C.