Indiana § 14-26-8-31 Remonstrance against surveyor's final report; modification of
assessments

Indiana Statutes

§ 14-26-8-31 — Remonstrance against surveyor's final report; modification of assessments

Indiana·Art. 26 LAKES AND RESERVOIRS·Ch. 8 Lakes; Changes in Levels

(a)If a remonstrance is sustained by the court, the court may modify and equalize the assessments, as justice requires, by doing the following:

(1)Diminishing the assessments on some tracts and increasing the assessments on other tracts.

(2)Giving or withholding damages.

(b)For purposes of this section each person whose land is:

(1)reported as affected; or

(2)stated in the petition as affected; is considered to be in court by virtue of the notices originally given to the parties on the pendency of the petition.

(c)If:

(1)the land described in the petition as affected by the proposed work; and

(2)the surveyor has reported the land as neither benefited nor damaged; the court may, if the facts and justice warrant, make assessments against the land.

(d)The assessments as changed, mod

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(a) If a remonstrance is sustained by the
court, the court may modify and equalize the assessments, as justice
requires, by doing the following:
(1) Diminishing the assessments on some tracts and increasing the
assessments on other tracts.
(2) Giving or withholding damages.
(b) For purposes of this section each person whose land is:
(1) reported as affected; or
(2) stated in the petition as affected;
is considered to be in court by virtue of the notices originally given to
the parties on the pendency of the petition.
(c) If:
(1) the land described in the petition as affected by the proposed
work; and
(2) the surveyor has reported the land as neither benefited nor
damaged;
the court may, if the facts and justice warrant, make assessments
against the land.
(d) The assessments as changed, modified, equalized, or made are
valid.
[Pre-1995 Recodification Citation: 13-2-18-12 part.]

Indiana § 14-26-8-31 (Remonstrance against surveyor's final report; modification of assessments) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.