§ 36-9-38-27 — Proposed assessments; written remonstrances; hearings; assessment roll; deficiency of funds

(a) At the hearing fixed under section 26 of
this chapter, the municipal works board shall hear all owners of
assessed real property who have filed written remonstrances before the
date of the hearing. The hearing may be continued from time to time
without further notice, as necessary to hear the owners.
(b) The works board shall make a determination increasing,
decreasing, or confirming each assessment by setting opposite each
name, parcel, and appraisers' assessment on the assessment roll the
amount of the assessment as determined by the works board. If the total
of the assessments exceeds the amount needed, the works board shall
make a pro rata reduction in each assessment.
(c) The signing of the assessment roll by a majority of the members
of the works board and the delivery of the roll to the municipal fiscal
officer constitute a final and conclusive determination of the benefits
or damages assessed. However, a person may appeal the determination
if:
(1) the person had previously filed a written remonstrance under
this section; or
(2) the person's assessment was increased above the amount fixed
by the appraisers.
(d) An appeal must be made in the manner prescribed by IC 34-13-6.
(e) If the final determination of the works board causes the total of
the money available to be inadequate to cover the cost of the
improvement, the deficiency may be supplied in the manner provided
by section 24 of this chapter.

Legislative History

As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.218.