Title 36, Chapter 39, Section 28
( 36-39-28)
At any time within 60 days after the assessments are finally
determined and fixed, the municipal corporation may file a petition
in the superior court of the county in which the municipal
corporation is situated, along with a copy of the ordinance, in
which petition shall be alleged the fact of the passage and approval
of the ordinance, the street or part of a street affected thereby,
the character of paving or other improvement intended, and the
approximate estimate of the cost. The petition shall allege that the
ordinance is authorized by law and that it will create a lien on all
real property abutting on such street or part of a street for the
payment by the owner of each lot or parcel of land so abutting of
the pro rata share of expense assessed to each lot or parcel of
land, as well as on any street or other railroad therein, if any
such there are, and shall pray for a judgment by the court declaring
the ordinance valid, legal, and binding and that the liens be set up
as alleged. It shall not be necessary in such petition to allege the
names of the owners of the abutting property or railroads to be
affected, but it shall be sufficient to describe the street or
portion thereof to be improved and to indicate that the property on
the street is to be charged with the expense. |