7-12-4170. Payment of damages incurred as a result of improvements. Whenever the owner or anyone interested in any property situated within any special improvement district, after filing with the clerk a written notice claiming that his property has been damaged, is awarded or recovers any amount because of damages sustained by the property because of the construction of any improvement in the special improvement district:
     (1) if the resolution levying the assessment to defray the cost of making the improvement in the district is not passed and adopted by the city council, the amount to be recovered shall be added to and constitute a part of the cost of making the improvement; but
     (2) if the resolution levying the assessment to defray the costs and expenses of making the improvement has been passed and adopted by the council, it shall pass and adopt a supplemental resolution levying additional assessments against all the property in the district for the purpose of paying the amount awarded and the supplemental resolution shall be made in the same manner and prepared and certified the same as the original resolution levying the assessment to defray the cost of making the improvement.

     History: En. Sec. 19, Ch. 89, L. 1913; re-en. Sec. 5243, R.C.M. 1921; re-en. Sec. 5243, R.C.M. 1935; R.C.M. 1947, 11-2225; amd. Sec. 9, Ch. 251, L. 1979.