If it appears to the satisfaction of the court, after having heard and determined all said exceptions, that the estimated cost of constructing the improvements contemplated in the official plan is less than the benefits appraised, then the court shall approve and confirm said appraisers' report as so modified and amended, and such findings and appraisals shall be final and incontestable, except as provided in this article. In considering the appraisals made by the board of appraisers, the court shall take cognizance of the official plan and of the degree to which it is effective for the purposes of the district. In case the court finds that the estimated benefits appraised are less than the estimated total cost of the execution of the official plan, exclusive of interest on deferred payments, or that the official plan is not suited to the requirements of the district, it may at its discretion return said official plan to the directors of the district with an order directing them to prepare new or amended plans, or it may dissolve the district after having provided for the payment of all expenses theretofore incurred.
Source: L. 22: p. 36, § 32. C.L. § 9546. CSA: C. 138, § 157. CRS 53: § 30-4-8. C.R.S. 1963: § 29-4-8.
Structure Colorado Code
Title 37 - Water and Irrigation
Article 4 - Appraisal of Benefits
§ 37-4-101. Appointment of Appraisal Commissioners
§ 37-4-103. Land Affected Outside the District
§ 37-4-104. Notice of Hearing on Land Excluded From or Taken Into District
§ 37-4-105. Report of Appraisal Commissioners
§ 37-4-106. Notice of Hearing on Appraisals
§ 37-4-107. Hearing on Appraisals
§ 37-4-108. Decree on Appraisals
§ 37-4-109. Appeals From Awards
§ 37-4-110. Entry After Deposit of Award
§ 37-4-112. Appeals Shall Not Delay Proceedings
§ 37-4-113. Change of Official Plan
§ 37-4-114. Lands Exempt and Later Liable to Assessment