§ 36-9-29-5 — Court hearing; objections; judgment; dismissal; interlocutory order on boundaries; continued hearing

(a) The circuit court, superior court, or probate
court shall hear a petition filed under section 4 of this chapter without
a jury. The hearing may be continued and adjourned from time to time
as the court may direct. There may be a change of judge as in civil
cases, but no change of venue from the county.
(b) All persons affected by the establishment of the proposed flood
control district or the construction of the proposed flood control district
or the construction of the proposed flood control works may file
objections showing any reason why:
(1) the district should not be established;
(2) the works should not be constructed; or
(3) their property should or should not be included in the
proposed district.
The court shall hear evidence and determine the facts upon these
issues. All objections shall be filed at least two (2) days before the date
fixed for the hearing.
(c) If the court finds that a necessity exists for the establishment of
a flood control district and the construction and installation of flood
control works as requested by the petition, the court shall render
judgment accordingly and shall enter a decree establishing the district,
describing it in such a manner that the property included in it may be
sufficiently identified and segregated to permit the levy and collection
of the special taxes provided for by this chapter. There is no appeal
from such a judgment, and, after the entry of such a decree, the
establishment of the district may not be questioned in any action or
proceeding, except as otherwise provided by this chapter.
(d) If the court finds that no necessity exists for the establishment of
the flood control district, the proceedings shall be dismissed at the cost
of the petitioning city.
(e) If it appears to the court that the boundaries of the flood control
district as described in the declaratory resolution should be changed,
or that changes in the flood control works as described in the
declaratory resolution should be made, and that such changes will
beneficially or injuriously affect property that would not have been so
affected by the district and works proposed in the declaratory
resolution, then the court may enter an interlocutory order to that effect
and fix a time for further hearing on the petition.
(f) The date for a hearing under subsection (e) may not be less than
ten (10) nor more than fifteen (15) days after the order. The court shall
direct the clerk of the court to publish a notice of the hearing that sets
out a brief summary of the order, including a brief description of the
changes the court proposes to make in respect to the boundaries or
works. The notice shall be published in accordance with IC 5-3-1. The
notice must state the time and place for the continuation of the hearing
on the petition, and advise all parties affected by the proposed changes
that they may appear and be heard. Objections may be filed in the
manner prescribed by subsection (a), but must be filed at least two (2)
days before the time fixed for the continuation of the hearing and must
be based solely on the changes proposed to be made. If, at the
conclusion of the continued hearing, the court finds that all or part of
the proposed changes should be made, or that the district should be
established and the works constructed as provided for in the declaratory
resolution, the court shall render judgment accordingly and enter a
decree as provided under subsection (c).
[Pre-Local Government Recodification Citation:
19-4-18-3.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts
1981, P.L.45, SEC.88; P.L.84-2016, SEC.192.