§ 36-9-28-3 — Order to construct or improve; considerations; filing of record of proceedings

Indiana § 36-9-28-3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 28: Certain Watercourse, Levee, Sewer, and Drain

Text

(a) In making an order for a project under this
chapter, the municipal works board shall consider whether the project
will beneficially or injuriously affect any property outside the corporate
boundaries of the municipality.
(b) If the works board finds that the proposed project will
injuriously or beneficially affect property outside the corporate
boundaries of the municipality, it shall file with the circuit court,
superior court, or probate court for the county a record of all the
proceedings concerning the project, including:
(1) a list of all persons whose property will be affected, as
determined from the records of the county at the time the works
board passes the order for the project; and
(2) a description of the boundaries of the affected area.
The proceedings shall be docketed in the circuit court, superior court,
or probate court in the same manner as other civil actions, and the court
shall fix a time when the proceedings shall be heard.
(c) If the works board finds that the proposed project will not affect
property outside the corporate boundaries of the municipality, it may
not proceed with the project under this chapter.
[Pre-Local Government Recodification Citation:
19-4-20-3.]
As added by Acts 1981, P.L.309, SEC.104. Amended by
P.L.84-2016, SEC.187.