Indiana § 6-1.1-40-8 Description of district; resolution; remonstrance; appeal

Indiana Statutes

§ 6-1.1-40-8 — Description of district; resolution; remonstrance; appeal

Indiana § 6-1.1-40-8

Art. 1.1PROPERTY TAXES

Ch. 40Maritime Opportunity Districts

This text of Indiana § 6-1.1-40-8 (Description of district; resolution; remonstrance; appeal) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 6-1.1-40-8 (2026).

Text

(a)If the commission finds that a territory is a district, it shall either:

(1)prepare maps and plats that identify the district; or

(2)prepare a simplified description of the boundaries of the district by describing its location in relation to public ways, streams, or otherwise.

(b)After the compilation of the materials described in subsection

(a), the commission shall pass a resolution declaring the territory a district. The resolution must contain a description of the affected district and be filed with the county assessor.

(c)After approval of a resolution under subsection (b), the commission shall publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1. The notice must state that a description of the affected territory is available and can be in

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(a) If the commission finds that a territory is
a district, it shall either:
(1) prepare maps and plats that identify the district; or
(2) prepare a simplified description of the boundaries of the
district by describing its location in relation to public ways,
streams, or otherwise.
(b) After the compilation of the materials described in subsection
(a), the commission shall pass a resolution declaring the territory a
district. The resolution must contain a description of the affected
district and be filed with the county assessor.
(c) After approval of a resolution under subsection (b), the
commission shall publish notice of the adoption and substance of the
resolution in accordance with IC 5-3-1. The notice must state that a
description of the affected territory is available and can be inspected in
the county assessor's office. The notice must also name a date when the
commission will receive and hear all remonstrances and objections
from interested persons. After considering the evidence, the
commission shall take final action determining whether the
qualifications for a district have been met and confirming, modifying
and confirming, or rescinding the resolution. This determination is final
except that an appeal may be taken and heard as provided under
subsections (d) and (e).
(d) A person who filed a written remonstrance with the commission
under this section and who is aggrieved by the final action taken may,
within ten (10) days after that final action, initiate an appeal of that
action by filing in the office of the clerk of the circuit or superior court
a copy of the order of the commission and a remonstrance against that
order, together with a bond conditioned to pay the costs of appeal if the
appeal is determined against the person. The only ground of appeal that
the court may hear is whether the proposed project will meet the
qualifications of this chapter. The burden of proof is on the appellant.
(e) An appeal under this section shall be promptly heard by the
court without a jury. All remonstrances upon which an appeal has been
taken shall be consolidated and heard and determined within thirty (30)
days after the time of the filing of the appeal. The court shall hear
evidence on the appeal, and may confirm the final action of the
commission or sustain the appeal. The judgment of the court is final
and conclusive, unless an appeal is taken as in other civil actions.