§ 34-13-6-5 — Findings of court; judgment; costs; damages; assessment of benefits

Indiana § 34-13-6-5

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 13: CAUSES OF ACTION: CLAIMS AGAINST THE
• Ch. 6: Appeals From Actions of Municipalities

Text

(a) If the court finds that the action or decision
of the board or council appealed from should in all things be affirmed,
its judgment must state that, naming the board or council and the
proceedings in which the appeal is taken. Judgment for costs shall then
be rendered against the party appealing.
(b) If the court finds that the action or decision of the board or
council appealed from should not be affirmed in all things, then the
court shall make a general finding, setting out, however, sufficient facts
to show the nature of the proceeding and the court's decision on it. The
court shall then render judgment on all matters properly involved in the
appeal, adjudging specifically the amount of the award of damages or
the amount of the assessment of benefits found by the court to be due
to each lot, parcel, or description or property involved in the appeal and
adjudging that the award or assessment is payable as provided by
statute.
(c) The court shall render judgment on other matters involved where
the particular appeal allowed by a statute does not relate to the award
of damages or the assessment of benefits.
(d) The court shall also render judgment on the costs of the appeal
as the facts and law require.
(e) If the appeal involves the amount of an award of damages or the
amount of an assessment of benefits, or both, the court shall include an
order, if appropriate, for the issuance of a certificate of damages,
bearing legal interest from the date of issuance, to the person entitled
to it upon all the terms and conditions that are provided by the
applicable statute. If the appeal involves benefits, the court shall permit
the assessment of benefits to be paid in full, or a written waiver may be
executed and filed for paying it in ten (10) annual installments, with
legal interest payable, and upon all other terms and conditions that are
provided by the applicable statute. All of this must be done within
thirty (30) days after the date on which the clerk of the court certifies
the order and judgment for transmission to the board or council. If an
assessment of benefits is not paid or a waiver executed and filed as
provided before the expiration of the thirty (30) day period, the
assessment becomes delinquent and is subject to all penalties and to
collection as is provided by the applicable statute.
[Pre-1998 Recodification Citation: 34-4-17.5-5.]

Legislative History

As added by P.L.1-1998, SEC.8.