Oklahoma § 82-638 - Petition for readjustment of maintenance assessment Notice and hearing

§ 82-638. Petition for readjustment of maintenance assessment Notice and hearing

Whenever the owners, or representatives of twenty-five percent

(25%) or more of the acreage or value of the lands in the district

shall file a petition with the court clerk in whose office the

petition was filed, stating that there has been a material change in

the value of the property in the district since the last previous

appraisal of benefits, and praying for a readjustment of the

appraisal of benefits for the purpose of making equitable basis for

the levy of the maintenance assessment, the said clerk shall give

notice of the filing and hearing of said petition in the manner

hereinbefore provided.

Upon hearing said petition if said court shall find there has

been a material change in the value of property in said district

since the last previous appraisal of benefits, the court shall order

that there be a readjustment of the appraisal benefits for the

Oklahoma Statutes - Title 82. Waters and Water Rights

purpose of providing a basis upon which to levy the maintenance

assessment of said district. Thereupon the court shall direct the

appraisers of the conservancy district to make such readjustment of

appraisal in the manner provided in this act, and said appraisers

shall make their report; and the same proceedings shall be had

thereon, as nearly as may be, as are herein provided for the

appraisal of benefits accruing for original construction. Provided,

that in making the readjustment of the appraisal of benefits said

appraisals shall not be limited to the aggregate amount of the

original or any previous appraisal benefits, and that after the

making of such readjustment of limitations of such annual

maintenance assessment to one percent (1%) of the total appraised

benefits shall apply to the amount of the benefits as readjusted;

and provided, further, that there shall be no such readjustment of

benefits oftener than once in ten (10) years.

Laws 1923-24, c. 139, p. 189, § 49.