Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Part 1 - Establishment
§ 54-12-101. Power to Establish Road Improvement Districts - The monthly county court is vested with the power at...
§ 54-12-102. Body Exercising Jurisdiction of Former Monthly County Court - In each county, the body that is authorized to perform...
§ 54-12-105. Road Improvement District Confined to Boundaries of County - The bounds proposed to be embraced in the improvement district...
§ 54-12-111. Collection Dates Fixed Upon Assessment Being Made — Assessment List Certified to Trustee to Collect — Compensation - When the assessment has been made, the monthly county court...
§ 54-12-113. Bonds of Trustee and Clerk - The county trustee or trustees, before receiving the assessment roll...
§ 54-12-114. Proceeding for Cost and Expense Fund Not to Delay Other Proceedings — Sixty Percent Acreage Provision - The proceeding to create a fund for the payment of...
§ 54-12-117. Petitioners Required to Pay Preliminary Expenses — Judgment on Their Bond - If the county legislative body should not see fit to...
§ 54-12-118. Fund for Expenses May Be Paid as Needed - The fund for expenses may be paid in from time...
§ 54-12-119. Refund to Petitioners and Their Sureties Paying Preliminary Expenses - All sums paid by the petitioners or their sureties on...
§ 54-12-120. Engineer - After the petition has been filed and bond taken and...
§ 54-12-121. Compensation of Engineers - The engineers appointed under this part by the monthly county...
§ 54-12-122. Engineer to Survey and Locate Roads and Improvements - The engineer shall proceed to examine the land described in...
§ 54-12-123. Engineer's Return — Contents - The engineer shall make returns of and file the engineer's...
§ 54-12-124. Recalling Engineer and Appointing Another - The monthly county court may at any time recall the...
§ 54-12-125. Survey and Location of Roads Along General Course of Present Roads — Exception - The roads provided for in this part shall be surveyed...
§ 54-12-126. Engineer to Submit Itemized Expense Account or Do Work for Stipulated Sum - The engineer may employ necessary help such as axmen, rodmen,...
§ 54-12-129. Service of Writ — Acknowledgement - The writ shall be served at least ten (10) days...
§ 54-12-131. Writ or Publication Need Not State Contents of Petition or Its Prayer - The writ or summons and the publication notice need not...
§ 54-12-133. Claim for Damages to Be Filed — Guardian or Conservator Ad Litem Appointed for Persons Under Disability - Any person claiming damages as compensation for or on account...
§ 54-12-135. Further Examination and Report by Engineer Ordered — Hearing Continued Until Filing of Report - At the hearing, the monthly county court may order the...
§ 54-12-136. Claims for Damages Prevent Establishment of District Until Viewers Appointed — Qualifications — Engineer to Accompany Viewers and Give Them Information - If any claims for damages have been filed, as provided...
§ 54-12-137. Viewers Upon Being Sworn to View Premises, Fix Damages and Report - The viewers appointed to assess damages, after being duly sworn...
§ 54-12-138. Report of Viewers to Be Filed Promptly — Others Appointed Upon Failure to Act - The report of the viewers shall be filed as soon...
§ 54-12-139. Value of Land — Incidental Benefits Considered in Estimating Incidental Damages - In establishing the damages, the viewers shall give the value...
§ 54-12-140. Damages Awarded Considered in Establishing District — Location and Establishment — Damages Determined - After the filing of the report of the viewers, the...
§ 54-12-144. Appeal From Award of Damages Will Not Prevent Appropriation and Condemnation of Land, if Petitioners Give Bond - When an appeal is taken and prosecuted from the judgment...
§ 54-12-145. Appeal Heard De Novo by Circuit Court That Enters No Judgment but Enters Amount Fixed — Clerk Certifies to Monthly County Court - The circuit court shall hear the appeal de novo; and...
§ 54-12-146. Circuit Court Order Entered — Certified to Monthly County Court - If the appeal is from the action of the monthly...
§ 54-12-148. Costs in Discretion of Circuit Court - On the appeals, it shall rest in the discretion of...
§ 54-12-149. Trial With or Without a Jury in Circuit Court - The trial in the circuit court shall be with or...
§ 54-12-150. Damages Fixed Shall Be Paid or Secured — Manner of Payment - After the amount of damages due any claimant or claimants...
§ 54-12-151. Condemnation After Damages Are Paid or Secured - After the damages have been paid or secured, the monthly...
§ 54-12-152. Appropriation of Right-of-Way, and of Other Necessary Lands - In establishing any road improvement district, all necessary lands may...
§ 54-12-155. Intent of § 54-12-154 - Section 54-12-154 is not intended to repeal any portion of...
§ 54-12-157. Fees of County Clerk — Allowance for Extra Services - The fees of the county clerk in proceedings under this...
§ 54-12-159. Compensation to Be Fixed by Monthly County Court Where No Provision Made - If any services are required of any person under this...
Part 2 - Commissioners and Apportionment of Costs
§ 54-12-201. Appointment of Commissioners — Qualifications - When the road improvement district has been located and established...
§ 54-12-202. Oath of Commissioners — Classification of Lands on Graduated Scale of Benefits - The commissioners shall, as soon as practicable after their appointment,...
§ 54-12-203. Commissioners Shall Equitably Apportion and Assess Costs — Report in Writing - The commissioners shall make an equitable apportionment and assessment of...
§ 54-12-205. Subdivision and Classification of Body of Land in One Owner - In making the classification, the commissioners are authorized to divide...
§ 54-12-206. Description and Ownership of Lands Specified in Reports - In the report of the commissioners, they shall specify each...
§ 54-12-207. Objections to Assessment and Apportionment — Filing - Any objections to the assessment and apportionment shall be filed...
§ 54-12-208. Assessment Made Without Notice - The assessment may be made without notice, just as taxes...
§ 54-12-209. Publication of Hearing Assessments and Apportionments - Publication shall be made in three (3) weekly newspapers published...
§ 54-12-210. District in More Than One County — Manner and Times of Publication - If the district lies in more than one (1) county,...
§ 54-12-211. Determination of All Objections to Report and Questions of Apportionment and Assessments — Failure to Benefit Cannot Be Shown - When the day set for hearing has arrived, and the...
§ 54-12-212. Additional Assessments, if First Insufficient - If the first assessment made by the monthly county court...
§ 54-12-213. New Report Ordered and New Commissioners When Report Annulled or Set Aside - If for any reason the monthly county court annuls in...
§ 54-12-215. Special Assessment to Pay Costs and Expenses - If, after the district has been created and the commissioners...
§ 54-12-217. Fund for Payment of Costs and Expenses - When the assessment is collected, it shall constitute a fund...
§ 54-12-218. Trustee to Pay Collections Over to County Clerk Who Shall Pay to Parties Entitled Under Orders of Court - The trustee shall pay the amount collected to the county...
§ 54-12-219. Bonds Required of Trustee and County Clerk - The trustee, before receiving the assessment book and proceeding to...
§ 54-12-220. Appeal From Order Fixing Assessment of Benefits Within Five Days — Other Provisions Applicable - An appeal may be taken within five (5) days to...
§ 54-12-222. Appeal Does Not Prevent Collection of Assessments, if Appellant Is Indemnified by Bond - The appeal shall not prevent the collection of the assessments,...
§ 54-12-223. Indemnity Bond — Execution - The bond, if given by the district, may be executed...
§ 54-12-224. Counsel Employed for District on Trial in Appellate Court — Payment - When an appeal is taken from any order of the...
Part 3 - Management
§ 54-12-303. Successors of Directors — Appointment - At the end of each two-year term, the office of...
§ 54-12-308. Contracts for Sections of Work or the Whole May Be Let to the Lowest Bidder — Rejection of Bids and Readvertisement - The board of directors shall award a contract or contracts...
§ 54-12-310. Bond or Cash Deposit Required of Successful Bidders - The successful bidder shall be required to execute a bond,...
§ 54-12-312. Bond Required of Engineer - The board of directors shall require the engineer to give...
§ 54-12-313. Compensation of Engineers - An engineer employed by a board of directors of an...
§ 54-12-314. Contractor Paid on Basis of Eighty Percent of Engineer's Monthly Estimate of Amount of Work Done - The engineer in charge of the construction shall furnish to...
§ 54-12-315. Warrant to Contractor for Balance Due on Completion of Work - When the work is completed to the satisfaction of the...
§ 54-12-316. Warrants Drawn as Ordinary Warrants, but Payable Only Out of Improvement Fund, and So Stated Upon Their Face - The warrants shall be drawn upon the county trustee or...
§ 54-12-317. Contractor's Failure to Perform on Contract Forfeits Cash Deposit or Gives Recovery on Bond - If any person to whom the work, or any portion...
Part 4 - Collection of Assessments
§ 54-12-401. Collection of Assessments by County Trustee — Kept as a Separate Fund — Collection by Bill in Chancery — Personalty Not to Be Distrained for Such Assessment - Assessments provided for by this chapter shall be collected by...
§ 54-12-405. Bonds to Be Paid Only by Assessments Levied on the Lands Within the District - Each bond shall show expressly on its face that it...
§ 54-12-411. Assessments Become Liens Upon Land - The assessments provided for by this chapter, when made and...
§ 54-12-412. Bill in Chancery to Sell Land for Collection of Delinquent Assessments - When assessments have been due and delinquent for sixty (60)...
§ 54-12-415. Suits Proceeded With as Other Suits in Chancery, Except Separate Hearing and Decree as to Any One Defendant - The suits in chancery shall be proceeded with as other...
§ 54-12-416. Public Taxes to Be Paid Before the Delinquent Assessments - When a sale is ordered in the suit, and is...
§ 54-12-417. Divestiture and Vestiture of Title Subject to Other Unpaid Assessments — Writ of Possession - Upon confirmation of the sale by the chancery court, it...
§ 54-12-418. Sale for Cash Subject to Redemption Within Two Years — Manner of Redemption - When the sale is made by decree of the chancery...
§ 54-12-419. Attorney's Fee Charged as Part of Judgment - In the proceedings in chancery court, the attorneys or solicitors...
§ 54-12-420. Adjudication of Redemption — Declaring Land That of Owner So Redeeming — Writ of Possession - When the lands are redeemed as provided in §§ 54-12-418,...
§ 54-12-421. Redemption of Lands by Minors and Persons Adjudicated Incompetent Within a Year of Restoration of Competency - Minors and persons who are adjudicated incompetent shall have the...
§ 54-12-423. Assessments Collectible Only Out of the Assessed Land - The assessments provided for by this chapter, if not paid...
§ 54-12-424. Compensation of Trustee for Collecting and Paying Out, and for Certified Copies - For collecting and paying out the assessments under this chapter,...