§ 36-10-4-30 — Awards; determination; notice describing location of land appropriated or acquired

Indiana § 36-10-4-30

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 4: Parks Department in Certain Cities

Text

(a) After completion of the list, the board
shall proceed to determine and award:
(1) the amount of damages sustained by the owners of the parcels
of land required to be appropriated, if any, as provided in the
resolution or that will be injuriously affected; and
(2) the amount of particular benefits that will accrue to the lots or
parcels of land, exclusive of improvements, lying within two
thousand (2,000) feet on either side of the property to be acquired,
of the improvement, or of both because of proximity to the land
to be acquired and the establishment or construction of a project
for park purposes as provided in the resolution and in addition to
the benefits received by the lots or parcels of land in common
with all property located in the city.
However, the total amount of benefits assessed against the lots and
parcels of land, exclusive of improvements, located within two
thousand (2,000) feet may not exceed twenty-five percent (25%) of the
total cost of land acquisition or of the improvement.
(b) When the list has been completed, the board shall have
published in accordance with IC 5-3-1 a notice describing the location
of the land appropriated or acquired by the purchase or the land on
which the improvement is to be made. The notice must also state:
(1) the general character of the improvement;
(2) what assessments have been made against land within two
thousand (2,000) feet of park property; and
(3) that the assessment list, with the names of the owners to whom
damages have been awarded and against whom assessments have
been made, a description of property affected, and the amounts of
preliminary awards or assessments for each parcel of property
affected is on file and can be seen in the board's office.
(c) In addition, the board shall have a written notice served upon the
owner of each parcel of land taken or injuriously affected, by leaving
a copy at the owner's last and usual place of residence in the city or by
delivering a copy to the owner personally. The notice must show
separately each item of the determination regarding property owned by
the owner.
(d) The board shall also have mailed a notice to the residence, if
known, of persons owning land or parts of land against which special
assessments have been made, showing each item of the determination
as it affects those persons. If a person is a nonresident or the person's
residence is not known, then the person is considered to have been
notified by the publication. The notice must name a day, not earlier
than ten (10) days after service of the notice, the last day of publication,
or the date of mailing, on which the board will receive and hear
remonstrances from persons regarding the amount of their respective
awards or assessments. Persons not included in the lists, assessments,
or awards who claim to be entitled to an assessment or award are
considered to have been notified of the pendency of the proceedings by
the original notice of the resolution of the board and by the publication
as provided in this section.
[Pre-Local Government Recodification Citation:
19-7-30-24.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts
1981, P.L.45, SEC.99; P.L.127-2017, SEC.383.