Colorado § 31-25-519 - Statement of expenses - apportionment.

§ 31-25-519. Statement of expenses - apportionment.

Upon completion of any local improvement or upon completion from time to time of any part thereof and upon acceptance thereof by the governing body or when the total cost of any improvement or of any such part thereof can be reasonably ascertained, either prior to, during, or subsequent to the construction of the improvements, the governing body shall cause to be prepared a statement showing the whole cost of the improvement, including costs of inspection and collection, capitalized interest on any bonds for such period as the governing body may deem necessary, capitalized bond reserves, and all other incidental costs, the portion thereof, if any, to be paid by the municipality, and the portion thereof to be assessed upon each lot or tract of land to be assessed for the same, which statement shall be filed in the office of the clerk. If the governing body determines that the basis of assessment is inequitable in any case, a just and equitable assessment shall be made upon the basis of benefits accruing to the property assessed by reason of the improvements made.

Source: L. 75: Entire title R&RE, p. 1195, § 1, effective July 1. L. 86: Entire section amended, p. 1048, § 7, effective July 1.

Editor's note: (1) This section is similar to former § 31-25-514 as it existed prior to 1975.

(2) This section was originally numbered as § 31-25-518 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.

ANNOTATION

Annotator's note. Since § 31-25-519 is similar to former § 31-25-514 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, a relevant case construing a prior provision has been included in the annotations to this section.

Generally speaking, only such benefits are to be assessed as it is reasonably apparent the property will receive, other than the general benefit to the community, and nothing is to be considered a benefit which does not enhance the value of the property. Hildreth v. City of Longmont, 47 Colo. 79, 105 P. 107 (1909).