§ 14-27-3-5 — Assessments; petition for additional assessments

Indiana § 14-27-3-5

• Jurisdiction: Indiana
• Art. 27: LEVEES, DAMS, AND DRAINAGE
• Ch. 3: Control of Levees

Text

(a) If it appears that the assessment of benefits
is insufficient to complete the work and pay expenses in connection
with the work, the superintendent of construction may file a petition
asking the court for an additional assessment. Five (5) days notice of
the filing of the petition shall be given to each person assessed for the
work or to the attorney of record of the person. The notice shall be
given and served in the same manner as the notice of filing of the
original petition.
(b) On or before the expiration of the five (5) days notice, an
interested person may file an answer or objection to the petition.
(c) The court may:
(1) after:
(A) the expiration of the time; or
(B) hearing the answer or objection if an answer or objection is
filed; and
(2) if satisfied of the necessity;
make an additional assessment on all land originally assessed as
benefited and in proportion to the original assessment. The additional
assessments, or as much of the additional assessments that are
necessary, are first liens upon the land against which the additional
assessments are assessed and shall be collected as provided for the
original assessments.
[Pre-1995 Recodification Citation: 13-2-19.5-2(b).]

Legislative History

As added by P.L.1-1995, SEC.20.