Haw. Code R. § 15-19-51 - Assessments fixed by rule
(a) After the final
assessment hearing, the authority shall forthwith proceed to make the
modifications or changes to the data contained in the final assessment area
rules as are equitable or just and shall fix the portions of the cost to be
assessed against the benefited properties and against the owners thereof,
respectively. It shall be conclusive that the amounts of the several
assessments so listed, advertised and incorporated and not previously objected
to are just and equitable and not in excess of the special benefits accruing or
to accrue by reason of the improvement to the specific property
assessed.
(b) Upon a determination
to proceed with a refunding under section 15-19-33(d), the authority shall
forthwith proceed to make modifications or changes to the data contained in the
final assessment area rules promulgated upon the original assessment and to fix
the portions of the cost to be assessed upon such refunding against the
benefited properties and against the owners thereof, respectively. All
provisions of this chapter with respect to assessments for improvements shall
apply to any assessments fixed upon a refunding, including particularly the
provisions of this subchapter with respect to notice, collection, payment, and
lien position of assessments. It shall be conclusive that the amounts of the
several assessments so listed, advertised and incorporated and not previously
objected to are just and equitable and not in excess of the special benefits
accruing or to accrue by reason of the improvement to the specific property
assessed which were financed from the proceeds of the assessment area bonds
being refinanced from the proceeds of the refunding assessment area
bonds.
Notes
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