§ 32-24-2-10 — Remonstrances; appeal

(a) A person notified or considered to be
notified under this chapter may appear before the works board on the
day fixed for hearing remonstrances to awards and assessments and the
municipality's right to exercise the power of eminent domain for the
use sought and remonstrate in writing against them.
(b) After the remonstrances have been received, the works board
shall either sustain or modify the awards or assessments in the case of
remonstrances that have been filed that are based on the amount of the
awards or assessments. The works board shall sustain the award or
assessment in the case of an award or assessment against which a
remonstrance has not been filed.
(c) If a person remonstrates in writing an objection to the
municipality's right to exercise the power of eminent domain for the
use sought, the works board shall consider the remonstrance and
confirm, modify, or rescind its original resolution.
(d) A person remonstrating in writing who is aggrieved by the
decision of the works board may, not later than thirty (30) days after the
decision is made, take an appeal to a court that has jurisdiction in the
county in which the municipality is located. The appeal affects only the
assessment or award of the person appealing.
[Pre-2002 Recodification Citation: 32-11-1.5-7.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.6.