§ 36-10-4-32 — Remonstrance against award or assessment; hearing; decision; appeal; procedure; costs

(a) A person notified or considered to be
notified under the preceding sections of this chapter may remonstrate
in writing against an award or assessment and appear before the board
on the day fixed for hearing remonstrances. Every person appearing
before the board having an interest in the proceedings shall be given a
hearing. After the remonstrances have been received and the hearings
held, the board shall either sustain, increase, or decrease the awards or
assessments.
(b) A person remonstrating in writing who is aggrieved by the
decision of the board may take an appeal to the circuit or superior court
in the county in which the city is located. The appeal affects only the
amount of the assessment or award of the person appealing.
(c) The appeal may be taken by filing an original complaint in court
against the board within ten (10) days after the board's decision. The
complaint must set forth the action of the board regarding the
assessment or award and the facts relied upon as showing an error of
the board. The court, or if requested by a property owner or the board,
a jury, shall rehear the matter of the assessment or award de novo and
either confirm, decrease, or increase the amount. The cause shall be
tried as a civil case. All remonstrances upon which an appeal is taken
may be consolidated and heard as one (1) cause of action and shall be
heard and determined as soon as practical.
(d) If the amount of benefits assessed against the property is
decreased by ten percent (10%) or more, or if the amount of damages
is increased by ten percent (10%) or more, the plaintiff is entitled to
recover costs.
[Pre-Local Government Recodification Citations:
19-7-30-26; 19-7-30-27.]
As added by Acts 1981, P.L.309, SEC.111.