This text of Indiana § 8-6-2.1-21 (Special tax; taxing district) 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.
(a)Upon final action of the board or the
circuit court, superior court, or probate court confirming the resolution,
all territory lying within the corporate limits of the city shall become a
special taxing district for grade separation and railroad relocation and
reconstruction purposes, and all property, real and personal, located
within the territorial limits of the district shall be subject to a special
tax for the purpose of providing funds to pay the city's portion of the
total cost of the improvement.
(b)The special tax shall constitute the amount of benefits resulting
to all of the property from the proceedings, and shall be levied in the
manner provided for by this chapter. If the board determines that any
lots or parcels of land, exclusive of improvements, lying within two
thous
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(a) Upon final action of the board or the
circuit court, superior court, or probate court confirming the resolution,
all territory lying within the corporate limits of the city shall become a
special taxing district for grade separation and railroad relocation and
reconstruction purposes, and all property, real and personal, located
within the territorial limits of the district shall be subject to a special
tax for the purpose of providing funds to pay the city's portion of the
total cost of the improvement.
(b) The special tax shall constitute the amount of benefits resulting
to all of the property from the proceedings, and shall be levied in the
manner provided for by this chapter. If the board determines that any
lots or parcels of land, exclusive of improvements, lying within two
thousand (2,000) feet of any grade crossing eliminated or altered by the
improvement, or within two thousand (2,000) feet of any lands or
rights-of-way abandoned for railroad use or from which railroad
facilities are to be removed, will incur a particular benefit by reason of
their proximity in addition to the benefits received by them in common
with all other property located in the district, those lots and parcels of
land which lie within the corporate limits of the city shall be subject to
a special assessment for the benefits.
(c) The special assessment shall be determined in accordance with
this chapter, but the total amount of the additional benefits assessed
shall not in any case exceed forty percent (40%) of the city's share of
the total cost of the improvement; and the total amount of the
additional benefits assessed and finally confirmed or adjudged against
lots and parcels of land exclusive of improvements lying within two
thousand (2,000) feet shall be deducted from the city's share of the total
cost and the balance of the city's share of the total cost, is the amount
of the benefits resulting to all property in the special taxing district, and
the special tax shall be levied only for this balance. Any lot or parcel
of land owned and used or occupied for railroad purposes at the time
of the adoption of any resolution by any railroad company whose tracks
are affected by the resolution, or any lot or parcel of land devoted to
railroad purposes in connection with and because of the improvement,
is not subject to any special assessment for the particular benefits.
[Pre-Local Government Recodification Citation:
19-5-14-21.]
As added by Acts 1980, P.L.8, SEC.70. Amended by
P.L.84-2016, SEC.44.