§ 14-33-12-6 — Mutually exclusive provisions

Indiana § 14-33-12-6

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 12: Improvements Benefiting Only Certain Property

Text

(a) The provisions of this chapter concerning:
(1) assessments;
(2) the nature of the resulting lien;
(3) collection; and
(4) issuing bonds and coupons in anticipation of the collection of
the assessment;
are mutually exclusive from other sections of this article that relate to
the same subject matter.
(b) The construction and incidental engineering and legal fees of
that part of works of improvement contained in the district plan shall
be paid for and financed according to this chapter and other statutes
incorporated into this chapter and not according to other provisions of
this article only if all the following conditions are met:
(1) The board determines and states as a part of the district plan
that certain parts of the works of improvement will be of benefit
solely to abutting or proximate properties and not of benefit to all
the property in the district.
(2) Notice of the determination is given as is provided in this
chapter.
(3) The court makes an affirmative finding to this effect at the
hearing on the district plan.
(c) If the conditions described in subsection (b) are not met, the
costs and financing of the construction of the works of improvement
shall be done according to other provisions of this article.
[Pre-1995 Recodification Citation: 13-3-3-86(e).]

Legislative History

As added by P.L.1-1995, SEC.26.