42-3713. APPEAL FROM APPROVAL OF PROJECT OR DETERMINATION OF BENEFITS OR ASSESSMENTS. Any owner of land or person having an interest therein upon which an assessment is proposed to be levied may, within ninety (90) days, take an appeal from the resolution of the directors accepting or ratifying the report of the appraisers, or from the resolution of the directors determining that the proposed improvement or project should be constructed by filing a petition with the district court of the county within which the property is located. Such petition shall set forth objections to the resolution of the directors determining that such project or improvement should be constructed, or to the resolution affirming the report of the appraisers. The said court may require the party to frame the issues, and shall set a time for a hearing. Upon demand of any petitioner the court shall impanel a jury to determine such issues of fact as may be framed. The report of the appraisers as confirmed by the directors shall be prima facie evidence of the facts therein determined, and the petitioner shall have the burden of proof as to such issues. After hearing the cause, either with or without a jury, the court shall make and enter findings, judgment and order confirming the resolution of the directors, with or without amendments or modifications, or may declare the same void in whole.
History:
[42-3713, added 1957, ch. 226, sec. 13, p. 508.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS
Section 42-3701 - SHORT TITLE.
Section 42-3702 - LEGISLATIVE DETERMINATIONS AND DECLARATION OF POLICY.
Section 42-3703 - DEFINITIONS.
Section 42-3704 - DEFINITION OF WATERSHED IMPROVEMENT DISTRICTS.
Section 42-3705 - CREATION OF WATERSHED IMPROVEMENT DISTRICTS.
Section 42-3706 - ELECTION OF DISTRICT DIRECTORS.
Section 42-3707 - APPOINTMENT, QUALIFICATIONS AND TENURE OF DIRECTORS.
Section 42-3708 - POWERS OF DIRECTORS.
Section 42-3709 - SUBMISSION OF PROPOSED PROJECT TO DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.
Section 42-3710 - HEARING ON PROPOSED PROJECTS.
Section 42-3711 - APPOINTMENT OF APPRAISERS AND APPRAISAL OF BENEFITED PROPERTY.
Section 42-3712 - HEARING ON REPORT OF APPRAISERS.
Section 42-3713 - APPEAL FROM APPROVAL OF PROJECT OR DETERMINATION OF BENEFITS OR ASSESSMENTS.
Section 42-3714 - ASSESSMENTS ENTERED AS TAX LIENS IN INSTALMENTS.
Section 42-3715 - LANDS OF STATE AND ITS SUBDIVISION.
Section 42-3716 - ADDITIONAL ASSESSMENTS FOR MAINTENANCE.
Section 42-3717 - DISCONTINUANCE — DISSOLUTION OF DISTRICTS.