Title 43, IRRIGATION DISTRICTS

43-2505. Resolution of intention to create district. Upon the filing of a petition or upon initiation of a local improvement district by board action, the board shall, at a regular or special meeting, adopt a resolution giving notice of its intention to create the local improveme…

43-2506. Notice of intention and hearing. The notice of intention shall be published in the official newspaper of the district. If the district is located in more than one (1) county, the notice of intention may be published only in the county where the property to be assessed in…

43-2507. Protests and hearings. Any owner of property to be assessed in the proposed local improvement district described in the notice of intention shall have the right, in advance of the hearing, to file, in writing, a protest to the creation of the district or making any other…

43-2508. Resolution creating local improvement district and procedure for construction bids. If, after the hearing on the creation of the district, the board finds that the local improvement district will be for the best interest of the property affected and the district; that th…

43-2509. Limitation on assessments against property. No district shall order any improvement to be paid for by local assessment where the estimated costs of such improvement, if such costs are to be assessed to the property in the local improvement district, or that portion of th…

43-2510. Preparation of assessment roll and notice of hearing thereon. After the contract has been awarded and at such time as the board shall determine, the engineer shall prepare a duly certified report to the board showing in detail the total cost and expenses of the improveme…

43-2511. Notice of hearing on assessment roll. After the board fixes the time and place for said hearing on the assessment roll, the secretary of the district shall give notice by publication in the official newspaper of such district. If the district is located in more than one …

43-2512. Hearing objections to assessment roll and confirmation. At the time appointed for hearing objections to such assessment roll, the board shall consider the engineer’s report and the assessment roll and shall hear and determine all objections which have been filed by any o…

43-2513. Confirmation of assessment roll. After said hearing the board shall pass a resolution confirming the assessment roll as corrected by them in relation to the benefits accruing thereon as a result of the improvements being made. The resolution shall be the final determinat…

43-2514. Notice and payment of assessments. Upon passage of the assessment roll, the treasurer of the district shall mail a postcard or letter to each property owner assessed at his post-office address if known, or if unknown, to the post office in the district where the improvem…

43-2515. Installment docket. Whenever any improvement bonds or warrants are issued as herein provided, the treasurer shall immediately thereafter mark on the assessment roll of such local improvement district opposite each assessment which has been paid, the word "paid" together …

43-2516. Appeal procedure — Exclusive remedy. Any person who properly has filed objections to the assessment roll or any other person who feels aggrieved by the decision of the board in confirming the same shall have the right to appeal to the district court of any county in whic…

43-2517. Additional improvements. Whenever any assessment is levied on any property for further, separate or additional improvement under the provisions of this code or any law of this state, such assessment shall be a subsequent lien upon the property so assessed to the lien of …

43-2518. Reassessment of benefits. In all cases of assessments for local improvements of any kind against any property wherein said assessments have failed to be valid in whole or in part for want of form or sufficiency, informality, irregularity or nonconformance with the bylaws…

43-2519. Lien of assessment — Foreclosure. Assessments levied to pay the cost and expense of any improvement authorized by the provisions of this chapter shall constitute a lien upon and against the property upon which such assessment or assessments are made and levied from and a…

43-2520. Segregation of assessments. Whenever any land against which there has been levied any special assessment by any district shall have been sold in part or subdivided, the board of that district shall have the power to order a segregation of the assessment. Any person desir…

43-2521. Bonds — Registered warrants — Interim warrants — Election not required. If the board determines to make assessments payable in installments as is provided in section 43-2515, Idaho Code, it shall by resolution authorize to be issued, in the name of the district, improvem…

43-2522. Liability of district. The holder of any bond, issued under the authority of this code, shall have no claim therefor against the district by which the same is issued, except to the extent of the funds created and received by assessments for the applicable bond issue agai…

43-2523. Bond and interest funds. Once bonds are issued as provided herein, any funds paid as installment payments of assessments pledged to the payment of such bonds shall be kept in a fund known as the bond fund of the local improvement district and any funds paid as interest o…

43-2524. Reissue of bonds. Where any bonds issued under this code are declared invalid or void by order or decree of court, which may be legally reissued, the board of such district shall, by resolution, provide for the reissuance thereof at the same rate of interest and in such …

43-2525. Rights against assessments. The said bonds of any local improvement district as herein provided, when sold as hereinbefore provided, shall transfer to the owner or holder of such bonds all the rights and interest of such district in and with respect to every such assessm…

43-2526. Publication and conclusiveness of proceedings. The board may provide for the publication of any resolution or other proceeding adopted by it pursuant to this code in the official newspaper of the district. For a period of thirty (30) days after such publication any perso…

43-2527. Consolidated local improvement districts authorized. Solely for the purpose of issuing bonds, registered warrants or interim warrants, the board of any district may authorize the establishment of consolidated local improvement districts. The original local improvement di…

43-2528. Delinquent installments. If any installment or payment is not made as provided hereinbefore and is in default, it shall then become delinquent.

43-2529. Delinquent certificates. As soon as any assessment or installment thereof, of any local improvement district shall become delinquent, the treasurer shall, if such assessment be collected in one (1) payment, mark the same delinquent on the assessment roll, or if for an in…

43-2530. Delinquent certificate register. Within twenty (20) days after preparing and issuing any delinquency certificate the treasurer shall enter the same in a book to be kept by said treasurer known as "Local Improvement District Delinquency Certificate Register," which regist…

43-2531. Assignment of delinquent certificates. Whenever any person shall tender to the treasurer in cash the amount of any such certificate and interest thereon at the rate of ten percent (10%) per annum from date of such certificate to the end of the month in which such purchas…

43-2532. Form of assignment — Assignment by purchaser. The assignment prescribed by the preceding section must be substantially in the following form, and endorsed on the certificate: ASSIGNMENT BY TREASURER State of Idaho ss. ………….. Irrigation District For and in consideration o…

43-2533. Redemption. At any time within two (2) years from the date of any delinquency certificate, the owner of the property described therein, or anyone on his behalf, may redeem such property by paying to the treasurer the amount stated in such certificate together with intere…

43-2534. Deed. If the property described in any delinquency certificate is not redeemed within two (2) years from the date thereof, the treasurer, after having given notice as hereinafter required, shall issue a deed thereto to the district, or if the same has been assigned as he…

43-2535. Notice of expiration of time of redemption. The treasurer shall, at least one (1) month and not more than three (3) months before the expiration of the time of redemption of any property, serve or cause to be served, a written or printed, or partly written and partly pri…

43-2536. Proof of notice. The treasurer shall, before issuing any deed to the district, make and file his affidavit showing a full compliance with the requirements of the preceding section as to giving notice of the expiration of the period of redemption; before issuing a deed to…

43-2537. Effect of deed as evidence. The matters recited in the delinquency certificate must be recited in the deed and such deed duly acknowledged or proved shall be prima facie evidence: (1) That the local improvement district was created, the assessment made and the work and i…

43-2538. Delinquency certificate for subsequent installments. Whenever any delinquency certificate has been assigned, as hereinbefore provided, and the time for redemption has expired and there are outstanding, against the property covered by said certificate, any delinquent inst…

43-2539. Fees of treasurer. The treasurer shall receive the following fees, which, when paid, shall be credited to the general fund of the district: for issuing any delinquency certificate ten dollars ($10.00) to be included in the amount of the certificate; for making any deed t…

43-2540. Suit to quiet title. Whenever the necessary costs and attorney’s fees have been advanced by the holders of the bonds of the district or any prospective purchaser or other person, it shall be the duty of the board of such district to cause the attorney for the district to…

43-2541. Sale of property deeded to district. At any time after acquiring title and possession of any property, as hereinbefore provided, the district may sell such property to any purchaser upon receiving therefor a sum not less than the amount for which the property was sold to…

43-2542. Sale of property after maturity of bonds. Within thirty (30) days after the maturity of the last installment of any issue of bonds of a local improvement district, if any such bonds or interest coupons shall remain unpaid, any property remaining unsold, to which the dist…

43-2543. Disposition of funds. All money received by the treasurer on account of the payment of assessments or installments thereof, the assignment or redemption of delinquency certificates, or for rents, issues and profits, or from the sale of any property, title to which is hel…

43-2544. Delinquent certificate not assignable during pendency of action. No certificate of delinquency as hereinbefore provided, shall be assigned, or any property sold, to which the district has taken a deed, on account of any assessment, or installment thereof, during the pend…

43-2545. Duties of officers. When the board shall decide that it is to the best interest of the district that the duties in this code designated to be performed by the treasurer should be done and performed by the secretary of such district, they may at their option, by resolutio…

43-2546. Local improvement guarantee fund — Creation of fund. Any district may by resolution of appropriation or by levy of a tax of not to exceed one (1) mill in any one (1) year upon the lots or lands in the local improvement district, or by appropriation from such other source…

43-2547. Bonds, warrants and coupons, when paid out of fund — Nonpayment for want of funds — Interest. Whenever any district has established such local improvement guarantee fund, and any bond, warrant or coupon drawn against any local improvement fund is presented to the distric…

43-2548. Subrogation of district to rights of payee — Surplus funds — Payment into fund — Preferences. Whenever there shall be paid out of the local improvement guarantee fund, any sum on account of principal or interest of a local improvement bond or warrant, the district, as tr…

43-2549. Maintenance and operation and sources of fund. The board shall prescribe rules and regulations for the maintenance and operation of the guarantee fund not inconsistent herewith. After the creation of such fund, all money derived from the assignment of delinquency certifi…

43-2550. Replenishment of fund — Warrants — Issuance against fund — Tax levy. Whenever there is not a sufficient amount of cash in said local improvement guarantee fund, at any time to pay any and all warrants, together with interest thereon, drawn against said fund, the board ma…