Colorado § 31-25-521 - Hearing on objections.

§ 31-25-521. Hearing on objections.

At the time specified in said notice or at some adjourned time, the governing body shall hear and determine all such complaints and objections and may make such modifications and changes as may seem equitable and just or may confirm the first apportionment. The governing body shall by ordinance assess the cost of said improvements, and the passage of such ordinance shall be prima facie evidence of the fact that the property assessed is benefited in the amount of the assessments and that such assessments have been lawfully levied.

Source: L. 75: Entire title R&RE, p. 1196, § 1, effective July 1.

Editor's note: (1) This section is similar to former § 31-25-516 as it existed prior to 1975.

(2) This section was originally numbered as § 31-25-520 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.

ANNOTATION

Annotator's note. Since § 31-25-521 is similar to former § 31-25-516 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

Effect of omission of property that should have been assessed. The omission of property which should have been assessed to pay the cost of a public improvement does not render the assessment or the proceedings void. All that could be claimed in such circumstances would be, that the assessment on property taxed for such improvement should be reduced to the extent it would have been had the omitted property been charged with its proportionate share of the expense. Hildreth v. City of Longmont, 47 Colo. 79, 105 P. 107 (1909).

Burden of proof. Granting the city the benefit of this statute puts upon the property owner the burden of showing that the property assessed was not benefited. The trial court correctly found that no benefit inured to the railroad from ample evidence in the record. Town of Fort Lupton v. Union P. R. R., 156 Colo. 352, 399 P.2d 248 (1965).

To overcome prima facie evidence. The passage of an ordinance of assessment for such improvements shall be prima facie evidence of the fact that the property assessed for such improvements is benefited and that such assessments have been lawfully levied. The burden is upon the plaintiff under said statute to overcome this presumption. Heron v. City of Englewood, 155 Colo. 480, 395 P.2d 356 (1964).

Time for objections. Objections to the assessment of cost for a municipal improvement need not be urged by property owners until after the assessments are made. Watson v. City of Fort Collins, 86 Colo. 305, 281 P. 355 (1929).

Right to relief in equity. Where the body having authority to correct errors and inequalities in the assessment renounces such authority and refuses to hear testimony, the proceeding cannot be regarded as a hearing, and the assessment is void. Equity will, at the suit of the property owner, annul the assessment, ascertain the just amount chargeable against the property, and, upon payment thereof into court, restrain the collection of the residue. City & County of Denver v. State Inv. Co., 49 Colo. 244, 112 P. 789 (1910).