Idaho State Statutes - Idaho Attorney Directory

APPEAL FROM APPROVAL OF PROJECT OR DETERMINATION OF BENEFITS OR
ASSESSMENTS. Any owner of land or person having an interest therein upon which
an assessment is proposed to be levied may, within ninety (90) days, take an
appeal from the resolution of the directors accepting or ratifying the report
of the appraisers, or from the resolution of the directors determining that
the proposed improvement or project should be constructed by filing a petition
with the district court of the county within which the property is located.
Such petition shall set forth objections to the resolution of the directors
determining that such project or improvement should be constructed, or to the
resolution affirming the report of the appraisers. The said court may require
the party to frame the issues, and shall set a time for a hearing. Upon demand
of any petitioner the court shall impanel a jury to determine such issues of
fact as may be framed. The report of the appraisers as confirmed by the
directors shall be prima facie evidence of the facts therein determined, and
the petitioner shall have the burden of proof as to such issues. After hearing
the cause, either with or without a jury, the court shall make and enter
findings, judgment and order confirming the resolution of the directors, with
or without amendments or modifications, or may declare the same void in whole.

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