Printable Format13-905. Special assessments; relevy. In case the governing body of any city shall have heretofore levied or shall hereafter levy any special assessment for any public improvement in said city, which special assessments are or may be informal, illegal, irregular, or void for the want of sufficient authority to make or levy the same, or for any cause whatsoever, the governing body of such city may at any time relevy any such special assessment in the manner provided, and against the property liable for assessment for such improvement at the time of the making thereof: Provided, That in all cases where informal, illegal, irregular or void special assessments levied for any improvement against any lot or piece of land shall have been paid, in whole or in part, such lot or piece of land shall not be reassessed for the assessment or the part thereof so paid.
History: L. 1903, ch. 122, § 129; March 18; R.S. 1923, § 13-905.
Source or prior law:
G.S. 1868, ch. 18, § 30; L. 1870, ch. 51, § 1; L. 1871, ch. 63, § 1; L. 1874, ch. 46, § 24; L. 1881, ch. 37, § 20; L. 1899, ch. 251, § 1.
CASE ANNOTATIONS
1. Effect of curative act considered; cures proceedings formerly void. Kansas City v. Silver, 74 Kan. 851, 85 P. 805.
2. Relevy may be made although former levy enjoined. Kansas City v. Schwartzberg, 78 Kan. 402, 403, 96 P. 485.
3. Legislature may validate only what could have been originally authorized. Shepherd v. Kansas City, 81 Kan. 369, 375, 105 P. 531.
4. Injunction against assessments not res judicata as to later ordinance. Shepherd v. Kansas City, 81 Kan. 369, 375, 105 P. 531.
5. Property "liable" for assessments defined; section construed. Shepherd v. Kansas City, 81 Kan. 369, 374, 105 P. 531.
6. Original assessments declared void; assessments not encumbrance until relevy made. Armstrong v. Trust Co., 96 Kan. 722, 723, 726, 153 P. 507.
7. Original levy enjoined; method making relevy considered. Mason v. Kansas City, 103 Kan. 275, 278, 173 P. 535.
8. Time when any assessment becomes a lien considered. White v. Immenschuh, 106 Kan. 333, 336, 187 P. 667.