§ 36-9-36-15 — Objections to final resolution; filing; bond; prior assessments

Indiana § 36-9-36-15

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 36: Barrett Law Funding for Counties and Municipalities

Text

(a) If the works board finally orders an
improvement, forty percent (40%) of the persons who own property
abutting the improvement and who are subject to assessment may file
written objections with the board. The written objections must:
(1) state at least one (1) of the following:
(A) The improvement is not needed by the public.
(B) The cost of the proposed improvement would be excessive
considering the character and value of the property to be
assessed.
(C) The cost of the proposed improvement will exceed the
benefits to the property to be assessed.
(D) The works board does not have the legal authority to order
the improvement.
(2) be filed not later than five (5) days after the making of the
final order.
(b) If the works board does not abandon the proposed improvement,
the following shall, not later than five (5) days after the filing of the
objections with the works board, file with the clerk of the circuit or
superior court of the county a copy of the order of improvement and the
objections:
(1) The auditor, in the case of a county.
(2) The clerk, in the case of a municipality.
(c) Objectors must file with their objections a bond with security to
the satisfaction of the court. The following apply to a bond filed under
this subsection:
(1) The bond shall be in a sum fixed by the court.
(2) The bond must be conditioned on the objectors paying all or
any part of the costs of the hearing as the court may order.
(d) In considering an objection described in subsection (a)(1)(A),
the court may at the hearing under section 16 of this chapter consider
the amount of the assessments made against the property for public
improvement during the preceding five (5) years.

Legislative History

As added by P.L.98-1993, SEC.7.