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 § 14-26-8-31

Art. 26LAKES AND RESERVOIRS

Ch. 8Lakes; Changes in Levels

This text of Indiana § 14-26-8-31 (Remonstrance against surveyor's final report; modification of assessments) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 14-26-8-31 (2026).

Text

(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.]