7-12-2165. Procedure to correct assessment and relevy and collect tax. (1) Whenever, by reason of any alleged nonconformity to law or by reason of any omission or irregularity, any special tax or assessment is either invalid or its validity is questioned, the board of county commissioners may make all necessary orders and may take all necessary steps to correct, reassess, and relevy the same, including the ordering of work, with the same force and effect as if made at the time provided by the law or resolution relating thereto. The board may reassess and relevy the tax or assessment with the same force and effect as an original levy.
(2) Any special tax, upon reassessment or relevy, shall, so far as practicable, be levied and collected the same as it would have been if the first levy had been enforced. Any provision of any law specifying a time when or order in which acts shall be done in a proceeding which may result in a special tax are subject to the qualifications of this part.
(3) Whenever any apportionment or assessment is made and any property is assessed too little or too much, the assessment may be corrected and reassessed for such additional amount as is proper or the assessment may be reduced even to the extent of refunding the tax collected.
History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 23, Ch. 147, L. 1921; re-en. Sec. 4596, R.C.M. 1921; re-en. Sec. 4596, R.C.M. 1935; R.C.M. 1947, 16-1623(part); amd. Sec. 6, Ch. 251, L. 1979.
Structure Montana Code Annotated
Chapter 12. Improvement Districts
Part 21. Rural Improvement Districts
7-12-2103. Resolution of intention to create rural improvement district
7-12-2104. Sufficiency of description in resolution of intention
7-12-2105. Notice of resolution of intention to create district -- hearing -- exception
7-12-2107. Responsibility for posting and publication of notice
7-12-2108. Extension of proposed district
7-12-2109. Right to protest creation or extension of district -- exception
7-12-2112. Sufficient protest to bar proceedings -- exception
7-12-2113. Resolution creating district -- power to order improvements
7-12-2114. Area includable within district
7-12-2115. Adjournment of hearing
7-12-2116. County surveyor as improvement district engineer
7-12-2117. Record of expenses to be kept by engineer
7-12-2118. Role of county clerk
7-12-2119. Manner of making demands for incidental expenses
7-12-2120. Maintenance of improvements
7-12-2121. Administration of multicounty district
7-12-2122. Term of office of multicounty district trustee
7-12-2123. Powers of multicounty district board of trustees
7-12-2124. Dissolution of district
7-12-2125. Right to protest dissolution of district
7-12-2126. Transfer of management and control of district to city or town
7-12-2128. Transfer of ownership of improvements -- petition -- hearing -- effect of transfer
7-12-2129. and 7-12-2130 reserved
7-12-2131. Bids for district work -- exception
7-12-2132. Advertising for bids
7-12-2133. Competitive bidding not required for purchase of existing improvement
7-12-2135. Decision on award of contract
7-12-2136. Procedure if all bids rejected or no bids received
7-12-2137. Procedure for dealing with bid securities
7-12-2138. Contractor's bond for successful completion of work
7-12-2139. Procedure if person entering contract defaults on work
7-12-2140. Procedure for objection to proceedings
7-12-2141. Protest procedures for property created as condominium
7-12-2142. through 7-12-2150 reserved
7-12-2151. Assessment of costs
7-12-2152. Exception for owners of water ditches under certain circumstances
7-12-2154. Payment of damages incurred as result of improvements
7-12-2155. Apportionment of costs between corner lots and inside lots
7-12-2156. Responsibility for costs for improvements close to street railway
7-12-2157. Status of federal property within improvement district
7-12-2158. Resolution for levy and assessment of tax
7-12-2159. Notice of resolution for levy and assessment of tax -- protest and hearing
7-12-2162. Improvement district maintenance fund
7-12-2163. Collection of district assessments by county treasurer -- delinquencies
7-12-2164. Payment of tax under protest -- action to recover
7-12-2165. Procedure to correct assessment and relevy and collect tax
7-12-2166. Certain errors not to invalidate assessments or liens
7-12-2167. Term of payment of assessments
7-12-2168. Assessments and certain other charges as liens
7-12-2169. Use of bonds and warrants
7-12-2171. Details relating to rural improvement district bonds and warrants
7-12-2172. Procedure to issue bonds and warrants
7-12-2173. Disposition of bond or warrant proceeds
7-12-2174. Redemption of bonds and warrants
7-12-2175. Investment of maintenance, interest, and sinking fund money
7-12-2176. Interest rate on unpaid assessments
7-12-2177. through 7-12-2180 reserved
7-12-2181. Creation of rural improvement district revolving fund
7-12-2182. Sources of money for revolving fund
7-12-2184. Lien arising due to loan from revolving fund
7-12-2186. Utilization of excess money in revolving fund
7-12-2187. through 7-12-2190 reserved
7-12-2191. Change in outstanding principal of district -- relevy of assessments
7-12-2192. Pooling of bonds of districts in county
7-12-2194. and 7-12-2195 reserved
7-12-2196. Water user entities exempt from special assessments