(a)Upon the completion of the roll, the board
shall consider, determine and award the amount of damages sustained
by the owners of the several parcels of land required to be appropriated,
if any, as provided for in the resolution, or which will incur damages,
and, then the board shall consider, determine and assess the amount of
particular benefits which will accrue to the several 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 in whole or in part for railroad use or from which railroad
facilities are to be removed, as provided for in the resolution, by reason
of their proximity, in addition to the benefits r
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(a) Upon the completion of the roll, the board
shall consider, determine and award the amount of damages sustained
by the owners of the several parcels of land required to be appropriated,
if any, as provided for in the resolution, or which will incur damages,
and, then the board shall consider, determine and assess the amount of
particular benefits which will accrue to the several 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 in whole or in part for railroad use or from which railroad
facilities are to be removed, as provided for in the resolution, by reason
of their proximity, in addition to the benefits received by the lots or
parcels of land in common with all property, real and personal, located
in the district. The total amount of the particular benefits assessed
against the lots and parcels of land, exclusive of improvements, located
within the two thousand (2,000) feet, may not in any case exceed forty
percent (40%) of the city's share of the total cost of the grade separation
improvement.
(b) When the roll is completed, the board shall publish, in
accordance with IC 5-3-1, a notice describing the location of the land
appropriated and the general character of the improvement, and stating
whether assessments have been made against lands within the two
thousand (2,000) foot distance. The notice shall also state that the
assessment roll, with the names of the owners in favor of whom
damages have been awarded and against whom assessments have been
made, and descriptions of property affected, with the amounts of
preliminary awards or assessments as to each piece or parcel of
property affected, is on file and can be seen in the office of the board.
The board shall also send by United States mail a notice to the place of
residence, if known, of persons owning lands to be taken, or incurring
damages, or against which special assessments have been made,
showing each item of the determination as to those persons. In case any
person affected is a nonresident, or his residence is unknown, he is
considered to have been notified by the publication. The notices shall
name a day not earlier than ten (10) days after the last date of
publication, or after the date of mailing, as above provided, on which
the board will receive and hear remonstrances from persons with regard
to the amount of their respective awards or assessments. Persons not
included in the roll of awards or damages and claiming to be entitled
to the same are considered to have been notified of the pendency of the
proceedings by the original notice of the resolution of the board and by
the publication required by this section.
(c) If there are defects or irregularities of any kind in the
proceedings with respect to one (1) or more interested persons, they do
not affect the proceedings, except so far as they may affect the interest
or property of the person or persons, and do not avail any other person.
In case of any defect, supplementary proceedings of the same general
character as those otherwise prescribed by this chapter may be
instituted in order to correct the defect.
[Pre-Local Government Recodification Citation:
19-5-14-23.]
As added by Acts 1980, P.L.8, SEC.70.