Indiana § 36-9-25-25 Construction of sewage works; manner of payment of damages for
taking of property

Indiana Statutes

§ 36-9-25-25 — Construction of sewage works; manner of payment of damages for taking of property

Indiana·Title 36 LOCAL GOVERNMENT·Art. 9 TRANSPORTATION AND PUBLIC WORKS·Ch. 25 Sanitation Department in Certain Cities

(a)The board shall, upon the completion of the award of damages or upon the determination of appeals taken, make out certificates for the proper amounts and in favor of the proper persons. Upon the presentation of the certificate to the municipal fiscal officer, the person is entitled to the amount due out of the separate and specific fund derived from the sale of bonds provided in section 27 of this chapter. The payments may not be made from other sources or funds.

(b)Certificates or vouchers shall, whenever practical, be actually tendered to the person entitled to them. If this is impractical, they shall be kept for the persons in the office of the board. The making and filing of the certificates constitute valid and effectual tender to the person entitled to them at the time or as soo

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(a) The board shall, upon the completion of
the award of damages or upon the determination of appeals taken,
make out certificates for the proper amounts and in favor of the proper
persons. Upon the presentation of the certificate to the municipal fiscal
officer, the person is entitled to the amount due out of the separate and
specific fund derived from the sale of bonds provided in section 27 of
this chapter. The payments may not be made from other sources or
funds.
(b) Certificates or vouchers shall, whenever practical, be actually
tendered to the person entitled to them. If this is impractical, they shall
be kept for the persons in the office of the board. The making and filing
of the certificates constitute valid and effectual tender to the person
entitled to them at the time or as soon as there is sufficient money to
pay them. They shall be delivered to the entitled person on request.
(c) In case of dispute or doubt as to which person is entitled to the
money, the board shall make out the certificate in favor of the attorney
appointed by the board for the use of persons entitled to it. The attorney
shall then draw the money and pay it into the court in a proceeding
requiring the various claimants to interplead and have their respective
rights determined.
(d) If an injunction is obtained because damages have not been paid
or tendered, the board may tender the certificate for the amount with
interest from the time of entry upon the property if entry has been
made, plus all accrued costs. The injunction shall then be disposed of,
if there is sufficient money to pay the certificate. The pendency of an
appeal as provided in section 24 of this chapter does not affect the
validity of a tender made under this section, but the board may enter
upon and take possession of the property in question.
[Pre-Local Government Recodification Citation:
19-2-14-17.]
As added by Acts 1981, P.L.309, SEC.98. Amended by
P.L.127-2017, SEC.323.

Indiana § 36-9-25-25 (Construction of sewage works; manner of payment of damages for taking of property) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.