At the time of making the order approving the
district plan but not later than thirty (30) days following the completion
of construction of the works of improvement provided for in the district
plan, and upon petition of the board or of a freeholder whose land is
subject to the special benefits tax, the court shall appoint three (3)
competent, disinterested persons to constitute the board of appraisers
of the district. The board of appraisers has one (1) or both of the
following functions as the court in the order appointing the appraisers
directs:
(1)To determine the damages or limitation on special benefits to
real property in the district resulting from the carrying out of the
district plan, including the compensation to be paid the owners
and others having an interest in land that is
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At the time of making the order approving the
district plan but not later than thirty (30) days following the completion
of construction of the works of improvement provided for in the district
plan, and upon petition of the board or of a freeholder whose land is
subject to the special benefits tax, the court shall appoint three (3)
competent, disinterested persons to constitute the board of appraisers
of the district. The board of appraisers has one (1) or both of the
following functions as the court in the order appointing the appraisers
directs:
(1) To determine the damages or limitation on special benefits to
real property in the district resulting from the carrying out of the
district plan, including the compensation to be paid the owners
and others having an interest in land that is needed by the district,
either in fee simple or by subjection to an easement. The land or
easement is considered appropriated to the use of the district by
the order of the court approving the district plan, which is
implemented by construction drawings, specifications, and
refined cost estimates on that part of the works of improvement
that damage the land. If a district plan is implemented later, the
land is considered appropriated to the use of the district by the
resolution of the board of directors confirming the adoption of the
construction drawings, specifications, and refined cost estimates
as provided by IC 14-33-6-10. The board of appraisers shall base
the appraisal of damages on the date the land is considered
appropriated. Land or easements are considered appropriated by
the order of the court or the resolution of the board of directors
only if the owner of the land is notified in the manner provided by
IC 14-33-2-12 stating that the district plan or construction
drawings and specifications contemplate the appropriation of the
owner's land or easement.
(2) To determine the existence and amount of exceptional benefits
that accrue to real property in the district due to the execution of
the district plan.
[Pre-1995 Recodification Citation: 13-3-3-61(a).]