TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 32

WATER AND SEWER DISTRICTS

42-3232.  Validation of acts taken pursuant to this chapter. (1) All acts and proceedings heretofore taken pursuant to chapter 32, title 42, Idaho Code, for the organization of the district, the elections incidental thereto, the authorization, issuance, and sale of bonds of any such district, are hereby confirmed, validated and declared legally effective, including all acts and proceedings of any person, public officer, board or agency heretofore done or taken upon the question of the authorization, issuance, sale or exchange of such bonds authorized to be issued under such statutes, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities in the creation of such public body, including all election procedures incidental thereto, and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment.

(2)  The provisions of this section shall not operate to confirm, validate or legalize any action or proceedings [proceeding], the legality of which is being contested or inquired into [in] any legal proceeding now pending and undetermined and shall not operate to confirm, validate or legalize any action or proceedings [proceeding] which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

(3)  Any action or proceeding contesting the validity of any action or proceeding referred to in subsection (1) of this section shall be brought within thirty (30) days from the effective date of this act.

(4)  This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.

History:

[42-3232, added 1979, ch. 272, sec. 3, p. 708.]