Indiana § 36-7-15.5-9 Public hearing; determination of questions; adoption, amendment, or
rejection of resolution; district boundaries; additional hearing; notice

Indiana Statutes

§ 36-7-15.5-9 — Public hearing; determination of questions; adoption, amendment, or rejection of resolution; district boundaries; additional hearing; notice

Indiana § 36-7-15.5-9

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 15.5Improvement and Maintenance District for Indiana

This text of Indiana § 36-7-15.5-9 (Public hearing; determination of questions; adoption, amendment, or rejection of resolution; district boundaries; additional hearing; notice) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-15.5-9 (2026).

Text

(a)At the public hearing under section 8 of this chapter, the commission shall hear all owners in the proposed district (who appear and request to be heard) upon the questions of:

(1)the sufficiency of the notice;

(2)whether the proposed improvement and maintenance project is of public utility and benefit;

(3)whether all of the probable benefits of the proposed improvement and maintenance project will be equal to or exceed the estimated cost of the project or any limitation on the amount of the levy, whichever is less;

(4)whether the formula to be used for the assessment of special benefits and damages is appropriate; and

(5)whether the district contains all, or more or less than all, of the property specially benefited or damaged by the proposed project.

(b)After the public hearing

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(a) At the public hearing under section 8 of
this chapter, the commission shall hear all owners in the proposed
district (who appear and request to be heard) upon the questions of:
(1) the sufficiency of the notice;
(2) whether the proposed improvement and maintenance project
is of public utility and benefit;
(3) whether all of the probable benefits of the proposed
improvement and maintenance project will be equal to or exceed
the estimated cost of the project or any limitation on the amount
of the levy, whichever is less;
(4) whether the formula to be used for the assessment of special
benefits and damages is appropriate; and
(5) whether the district contains all, or more or less than all, of the
property specially benefited or damaged by the proposed project.
(b) After the public hearing (which may be adjourned from time to
time without further notice), the commission shall make a
determination on the following questions:
(1) Whether the required notice was given.
(2) Whether the proposed improvement and maintenance project
is of public utility and benefit.
(3) Whether all of the probable benefits of the proposed project
will equal or exceed the estimated cost of the project or any
limitation on the amount of the assessment levy, whichever is
less.
(4) Whether the formula to be used for the assessment of special
benefits and damages is appropriate.
(5) Whether the proposed improvement and maintenance district
contains all, or more, or less than all, of the real property specially
benefited or damaged by the proposed project.
(c) If the commission resolves affirmatively on questions (1)
through (4) in subsection (b) and determines that the proposed district
contains all of the real property specially benefited or damaged, and
does not contain real property not specially benefited or damaged, then
it shall adopt the resolution establishing the district with the boundaries
described in the resolution.
(d) If the commission resolves negatively on question (1), (2), (3),
or (4) in subsection (b), it may amend the resolution, issue additional
notice, and hold further proceedings as it considers proper, or the
commission may reject the resolution.
(e) If the commission resolves affirmatively on questions (1)
through (4) in subsection (b) and determines that real property not
specially benefited or damaged has been included within the proposed
boundaries, then it shall redefine the boundaries of the proposed
district and include only the real property that is specially benefited or
damaged, and shall establish the district with the boundaries as
redefined.
(f) If the commission resolves affirmatively on questions (1) through
(4) in subsection (b) and determines that either:
(1) all of the real property specially benefited or damaged has not
been included within the proposed boundaries; or
(2) all of the real property specially benefited or damaged has not
been included within the proposed boundaries, and some real
property has been included which is not specially benefited or
damaged;
then it shall fix a date for an additional hearing. Notice of the additional
hearing shall be given by publication in accordance with IC 5-3-1 and
by certified mail at least twenty (20) days before the hearing to the
owners in an area proposed to be added to the district that was not
included in the initial petition. The notice must describe the proposed
revised boundaries. At the additional hearing, all owners of real
property or their representatives within the proposed district
boundaries, as revised, may be heard, after which the commission shall
adopt its resolution on establishment of the improvement and
maintenance district.
(g) Adoption of a resolution under this section constitutes notice to
all owners who have appeared, or who have been notified of the
proceedings, as provided in this section, that their property will be
subject to an assessment of special benefits and damages as provided
in this chapter.