Oklahoma § 82-616 - Defects and irregularities, how cured

§ 82-616. Defects and irregularities, how cured

No fault in petition or any notice or other proceedings shall

affect the validity of any proceedings under this act, except to the

extent to which it can be shown that such fault resulted in a

material denial of justice to the property owner complaining of such

fault, and except as to matters concerning the acquirement of

original jurisdiction of the district.

In case it is found upon a hearing that by reason of some

irregularity or defect in the proceedings the appraisal has not been

properly made, the court may nevertheless on having proof that

expense has been incurred which is a proper charge against the

property of the complainant render a finding as to the amount of

Oklahoma Statutes - Title 82. Waters and Water Rights

benefits to said property, and appraise the proper benefits

accordingly, and thereupon said land shall be assessed as other land

equally benefited, if original jurisdiction has been acquired and an

appeal shall be allowed as is provided in the case of the original

appraisement. In the event that at any time either before or after

the issuance of bonds pursuant to the provisions of this act, the

appraisals of benefits, either as a whole or in part, be declared by

any court of competent jurisdiction to be invalid by reason of any

defect or irregularity in the proceedings therefor, whether

jurisdictional or otherwise, the said district court is hereby

authorized and directed on the application of the board of directors

of said district or on the application of any holder of any bonds

which may have been issued pursuant thereto, properly and without

delay to remedy all defects or irregularities as the case may

require, by directing and causing to be made in the manner

hereinbefore provided, a new appraisal of the amount of benefits

against the whole or any part of the lands in the said district as

the case may require.

Laws 1923-24, c. 139, p. 183, § 41.