§ 36-9-38-16 — Hearing; determination that petition includes property not specially benefited; further proceedings

Indiana § 36-9-38-16

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 38: Barrett Law Funding for Municipal Improvement

Text

(a) If the works board determines that
property not specially benefited or damaged has been included within
boundaries described in the petition, the works board shall do the
following:
(1) Redefine the boundaries of the district and include in the
works board's resolution only the property that is specially
benefited or damaged.
(2) Establish the district with the boundaries as redefined.
(b) The works board shall fix a date for a further hearing if the
works board determines that:
(1) less than all of the property specially benefited or damaged
has been included within the boundaries described in the petition;
or
(2) less than all of the property specially benefited or damaged
has been included within the boundaries described in the petition
and some property that is not specially benefited or damaged has
been included.
(c) Notice of the further hearing, describing the proposed revised
boundaries, shall be given in the manner prescribed by section 13 of
this chapter. However, notice by mail shall be given only to the owners
of real property in an area that is proposed to be added to the district
and that was not included in the initial petition.
(d) At the further hearing, all owners of real property within the
proposed district boundaries or the owners' representatives are entitled
to be heard. The works board shall then adopt a resolution on the
establishment of the district.

Legislative History

As added by P.L.98-1993, SEC.9.