§ 36-9-39-17 — Sewage works for use by property owners along street, alley, or other public place; property abutting on two streets or one street and one alley; assessments; computation

Indiana § 36-9-39-17

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 39: Barrett Law Funding for Municipal Sewers

Text

(a) If a platted lot or parcel of land:
(1) abuts on:
(A) at least two (2) streets or alleys; or
(B) one (1) street and one (1) alley; and
(2) has already been assessed for sewage works constructed for
local use in any street or alley;
the works board shall take the previous assessment into account in
making a subsequent assessment against the land under this section and
sections 15 through 16 of this chapter.
(b) If the works board finds that:
(1) a lot, parcel, or tract of land included in a district, subdistrict,
or zone cannot be reasonably connected with or served by the
sewage works either directly or by collateral branches or
extensions;
(2) the sewage works does not confer benefit on the property; or
(3) the benefit that may be conferred by the sewage works is less
than the amount computed in the manner provided in this section
and sections 15 through 16 of this chapter;
the works board may enter upon the primary assessment roll the actual
amount, if any, found by the works board as the special benefit to the
property.
(c) An amount credited, eliminated, or reduced shall be primarily
apportioned over all the other property assessable for the sewage
works, as the works board may find the other property to be benefited
in addition to the amounts estimated and apportioned under section 16
of this chapter. If all of the amounts credited, eliminated, or reduced
are not reapportioned upon the other property, a deficiency shall be
assessed against the municipality.

Legislative History

As added by P.L.98-1993, SEC.10.