§ 36-9-39-25 — Hearing on assessments; finality of decision; appeals; effect of defective procedures

Indiana § 36-9-39-25

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

Text

(a) Except as provided in subsection (b), the
decision of the works board concerning all benefits is final and
conclusive on all parties.
(b) An owner of an assessed lot or parcel of land who has filed a
written remonstrance with the board may appeal in the manner
prescribed by IC 34-13-6. The appeal does not delay the delivery of the
assessment roll to the municipal fiscal officer and does not affect the
rights of any other property owner.
(c) If an assessment is reduced on appeal, the works board shall
certify the correction to the municipal fiscal officer. The municipal
fiscal officer shall then enter the proper amount of the assessment on
the roll.
(d) The following applies if there is a defect in the assessment
proceedings with respect to at least one (1) interested person:
(1) The defect affects the proceedings only to the extent that the
defect affects the interest or property of the person or persons.
(2) Supplementary proceedings of the same general character as
those described by this chapter may be had to correct or supply
the defect.

Legislative History

As added by P.L.98-1993, SEC.10. Amended by P.L.1-1998, SEC.219.