48-554. Publication of notice of right to review of reappraisal; judicial review; review of assessment; procedure to obtain review; trial

359 words·~2 min read·/az/title-48/48-554

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A. As soon as the reappraisal has been approved by the governing body and refiled in the office of the superintendent of streets, the superintendent shall publish a further notice in which he shall refer to the opening or widening proceedings by the name of the street to be opened or widened, stating approximately the limits within which the opening or widening is located, and advising all persons interested in the property to be taken that they may, within twenty days from the date of the first publication, file an action in the superior court of the county in which the municipality is situated for a judicial review of the right to take the property and the amount of compensation and damages awarded for taking the property in which they are interested, and advising all persons interested in property to be assessed for the improvement that they may within twenty days from the date of the first publication appeal to the governing body of the municipality for a review of the assessment against their property.

B. The appeal to the superior court shall be taken by filing an action in court praying for a judicial review of the right of the municipality to take the property, and, if the right to take the property is sustained, for the court to fix the amount of compensation and damages for the property to be taken.

C. The municipality may answer the complaint in the cause on or before twenty days after it is served, and the court shall promptly determine the right of the municipality to take the property.

D. If the right of the municipality to take the property is sustained, the court shall immediately enter an order to that effect and the action shall stand for trial as to the compensation and damages to be paid for the property taken. The issue shall be tried to a jury, unless a jury is waived by the parties.

E. All reappraisal figures from which appeal is not taken, or of which review proceedings are not filed and served within the time provided for in this section shall be final and conclusive.