The collection of any tax or assessment levied or ordered to be levied to pay for
the location and construction of any drain laid out and constructed under the provisions
of this chapter shall not be enjoined perpetually or absolutely declared void by reason:
1. Of any error of any officer or board in the location and establishment thereof;
2. Of any error or informality appearing in the record of the proceedings by which
any drain shall have been located or established; or
3. Of a lack of any proper conveyance or condemnation of the right of way.
The court in which any proceeding may be brought to reverse or to declare void the
proceedings by which any drain has been located or established, or to enjoin the tax
levied to pay therefor, on application of either party, shall appoint such person
or persons to examine the premises, or to survey the same, or both, as may be deemed
necessary. The court, on a final hearing, shall make such order in the premises as shall be
just and equitable, and may order such tax or any part thereof to remain on the tax
lists for collection, or if the same shall have been paid under protest, shall order
the whole or such part thereof as may be just and equitable to be refunded. The costs of such proceedings shall be apportioned among the parties as justice
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