§ 36-7-22-12 — Assessments; percentage of benefit; notice; hearing; decision; lien; certification; economic improvement districts

(a) The board shall use the formula approved
by the legislative body under section 7(a)(4) of this chapter to
determine the percentage of benefit to be received by each parcel of
real property within the economic improvement district. The board
shall apply the percentage determined for each parcel to the total
amount that is to be defrayed by special assessment and determine the
special assessment for each parcel.
(b) Promptly after determining the proposed assessment for each
parcel, the board shall mail notice to each owner of property to be
assessed. This notice must:
(1) set forth the amount of the proposed special assessment;
(2) state that the proposed special assessment on each parcel of
real property in the economic improvement district is on file and
can be seen in the board's office;
(3) state the time and place where written remonstrances against
the special assessment may be filed;
(4) set forth the time and place where the board will hear any
owner of assessed real property who has filed a remonstrance
before the hearing date; and
(5) state that the board, after hearing evidence, may decrease, or
leave unchanged, the special assessment on any parcel.
(c) The notices must be deposited in the mail twenty (20) days
before the hearing date. The notices to the owners must be addressed
as the names and addresses appear on the tax duplicates and the
records of the county auditor.
(d) At the time fixed in the notice, the board shall hear any owner
of assessed real property who has filed a written remonstrance before
the date of the hearing. The hearing may be continued from time to
time as long as is necessary to hear the owners.
(e) The board shall render its decision by either confirming or
decreasing each special assessment by setting opposite each name,
parcel, and proposed assessment, the amount of the assessment as
determined by the board. However, if the total of the special
assessments exceeds the amount needed, the board shall make a
prorated reduction in each special assessment.
(f) Except as provided in section 13 of this chapter, the signing of
the special assessment schedule by a majority of the members of the
board and the delivery of the schedule to the county auditor constitute
a final and conclusive determination of the benefits that are assessed.
(g) Each special assessment is a lien on the real property that is
assessed, second only to ad valorem property taxes levied on that
property.
(h) The board shall certify to the county auditor the schedule of
special assessments of benefits. For purposes of providing
substantiation of the deductibility of a special assessment for federal
adjusted gross income tax purposes under Section 164 of the Internal
Revenue Code, the board shall, to the extent practicable, supplement
the schedule of special assessments provided to the county auditor with
a statement that identifies the part of each special assessment that is
allocable to interest, maintenance, and repair charges. If the board
provides the county auditor with the statement, the county auditor shall
show, on the tax statement, the part of the special assessment that is for
interest and maintenance and repair items separately from the
remainder of the special assessment.

Legislative History

As added by P.L.195-1988, SEC.1. Amended by P.L.131-2008, SEC.55; P.L.1-2009, SEC.166; P.L.113-2010, SEC.137; P.L.207-2018, SEC.6.