Sec. 312.062. ASSESSMENT FOLLOWING VOID OR ERRONEOUS ASSESSMENT. (a) The governing body of a municipality may assess property that abuts an improvement with the amount of the cost of the improvement if for any reason none of the cost of the improvement has been borne by the abutting property or its owner either because an attempted assessment and enforcement of the assessment was erroneous or void or was declared erroneous or void in a judicial proceeding and if:
(1) the municipality has spent public money on the improvement;
(2) a municipal voucher or certificate has been issued to a contractor; or
(3) the municipality has contracted for the improvement.
(b) The assessment may not exceed the special benefit the property receives in enhanced value to the property.
(c) The amount of the special benefit is to be determined on a basis of the condition of the improvement at the time of the assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle E - Municipal Streets
Chapter 312 - Control of Highway Assets
Subchapter D. Special Assessment
Section 312.062. Assessment Following Void or Erroneous Assessment
Section 312.063. Notice of Assessment
Section 312.064. Assessment Lien and Liability
Section 312.065. Time Limit on Assessment