§ 36-9-37-39 — Overpayments; annual statement; notice; disposition

Indiana § 36-9-37-39

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 37: Barrett Law Funding for Municipalities

Text

(a) During January of each year, the
municipal fiscal officer shall determine all amounts of overpayments
on the special assessment rolls for public improvements that have been
unclaimed for at least five (5) years. The fiscal officer shall prepare a
detailed statement showing the following information for each
overpayment:
(1) The date.
(2) The number of the receipt.
(3) The amount overpaid.
(4) The book and page where the overpayment is recorded.
(5) The owner of record of the property on which the overpayment
was made.
(b) After preparing the statement described in subsection (a), the
municipal fiscal officer shall give notice by publication in accordance
with IC 5-3-1. The notice must do all of the following:
(1) Contain the names of the owners of record of the property
affected by the assessment.
(2) State the amounts of the respective overpayments.
(3) State that the overpayments will be transferred to the general
fund of the municipality unless the owners or the owners' legal
successors or assigns appear and provide proof of their claims to
the overpayments not later than thirty (30) days after the date of
the first publication of the notice.
(c) At the expiration of the thirty (30) day redemption period under
subsection (b), the municipal fiscal officer shall transfer and pay the
unclaimed overpayments into the general fund of the municipality. The
amounts transferred shall be used and expended in the same manner as
other money in the general fund.

Legislative History

As added by P.L.98-1993, SEC.8.