§ 34-13-6-7 — Increase in damages or reduction in assessment of benefits; liability of city; costs of appeal

Indiana § 34-13-6-7

• 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 on appeal:
(1) the amount of an award of damages is increased; or
(2) the amount of an assessment of benefits is reduced;
the municipality is liable to the plaintiff for the increase in the award
of damages and is liable to the party entitled to them for a reduction in
the assessment of benefits.
(b) The amounts, costs, and expense, if the appeal is taken from the
board of public works or the board of public works and safety, shall be
paid by the board out of funds appropriated by the common council or
city-county council for that purpose, or as otherwise provided by
statute.
(c) The council shall make all necessary appropriations as provided
by statute to enable the board to make all payments required by this
chapter, if not otherwise provided by statute and available for these
purposes.
(d) If the appeal is taken from the board of park commissioners of
a city, then the amounts, costs, and expenses shall be paid by the board
out of its general fund, or as otherwise provided by statute.
(e) If the appeal is taken from the legislative body, other body, or an
official of a municipality, the amounts required to comply with the
court's order and judgment shall be appropriated and paid in any
manner authorized by statute.
[Pre-1998 Recodification Citation: 34-4-17.5-7.]

Legislative History

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