§ 36-9-36-33 — Remonstrance hearings; final determination of assessments

(a) On the date fixed under section 32 of this
chapter, the works board shall receive and hear all remonstrances from
the owners of property described in the notice or the representatives of
the owners.
(b) After the hearing, the works board shall sustain or modify the
presumptive assessment as indicated on the assessment roll by
confirming, increasing, or reducing the presumptive assessment against
all or part of the property described in the roll. The works board's
decision must be based on the works board's findings concerning the
special benefits that the property has received or will receive on
account of the improvement.
(c) If any property liable for assessment is initially omitted from the
assessment roll or a presumptive assessment has not been made against
the property, the works board may place on the assessment roll any
special benefit that the omitted property has sustained or will sustain
by the improvement.
(d) The aggregate amount of assessments approved by the works
board under this section may not exceed the cost of the improvement
and must be equal to the aggregate amount of special benefits
determined by the board under section 10 of this chapter.

Legislative History

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