103E.051 DEFECTIVE PROCEEDINGS.

138 words·~1 min read·/mn/chapter-103/103e-051

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A party may not take advantage of an error in a drainage proceeding or an informality, error, or defect appearing in the record of the proceeding or construction, unless the party complaining is directly affected. The modification of the benefits or damages to any property, or the enjoining of collection of any assessment, does not affect any other property or the collection of any assessment on other property.

(b)If a drainage project has been established and a contract awarded in good faith, without collusion, and at a reasonable price:

(1)a defect or lack of notice in awarding, making, or executing the contract does not affect the enforcement of an assessment; and

(2)if the contract is performed in good faith in whole or in part, a defect does not invalidate the contract.