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Texas Statutes (Last Updated: January 4, 2014) |
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TRANSPORTATION CODE |
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Title 6. ROADWAYS |
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Subtitle E. MUNICIPAL STREETS |
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Chapter 312. CONTROL OF HIGHWAY ASSETS |
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Subchapter D. SPECIAL ASSESSMENT |
Sec. 312.062. ASSESSMENT FOLLOWING VOID OR ERRONEOUS ASSESSMENT
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(a) The governing body of a municipality may assess property that abuts an improvement with the amount of the cost of the improvement if for any reason none of the cost of the improvement has been borne by the abutting property or its owner either because an attempted assessment and enforcement of the assessment was erroneous or void or was declared erroneous or void in a judicial proceeding and if:
(1) the municipality has spent public money on the improvement;
(2) a municipal voucher or certificate has been issued to a contractor; or
(3) the municipality has contracted for the improvement.
(b) The assessment may not exceed the special benefit the property receives in enhanced value to the property.
(c) The amount of the special benefit is to be determined on a basis of the condition of the improvement at the time of the assessment.