RS 33:3747

399 words·~2 min read·/la/title-33/33-1688

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RS 33:3747

§3747. Written notice to non-resident and resident property owners prior to enactment of ordinances levying local or special assessments on property for improvements to streets, alleys, sidewalks, curbing or any part of them; invalidity of assessments made without such notice

Any municipality, incorporated parish seat, parish, or other governing authority shall, prior to the enactment of any ordinance levying a special or local assessment on property for improvements to streets, alleys, sidewalks, curbing or any part of them, whether said improvement be to construct, pave, surface, resurface or repair or otherwise to effect improvements thereto, and whether said improvements be initiated by petition of the property owners abutting said contemplated improvements or be initiated by such governing authority, give 30 days written notice to each nonresident and resident owner of property upon which such special or local assessment is contemplated to be levied.

This notice shall contain a general description of the improvement, the location thereof, the estimated amount of the proposed assessment, and the terms of paying therefor. The notice shall be given by depositing said written notice in the United States mail, postage paid, and addressed to the nonresident and resident property owner at the address as it appears on the last approved tax roll on the property contemplated to be assessed. No special or local assessment shall be valid against property owned by nonresidents and residents or against such nonresidents and residents with respect to whom the provisions of this section are applicable, until thirty days after such time as notice is given as provided for herein.

The provisions of this section shall also apply to additional local or special assessments levied pursuant to law where the original assessment produced funds insufficient to pay the principal and interest of the improvement. The word nonresident as used herein shall mean a person, firm, association or corporation domiciled outside the State of Louisiana and whose mailing address on said tax roll is outside the State of Louisiana. The certificate of the clerk or the secretary of the governing authority levying any such special assessments certifying that the foregoing provisions as to notice to nonresidents and residents have been fulfilled, shall establish a conclusive legal presumption that all requirements of this section have been legally satisfied.

Added by Acts 1964, Ex. Sess., No. 5, §1. Amended by Acts 1968, No. 522, §1; Acts 1974, No. 150, §1.