§ 8-6-2.1-26 — Procedure on appeal

Indiana § 8-6-2.1-26

• Jurisdiction: Indiana
• Art. 6: RAILROAD CROSSINGS
• Ch. 2.1: Railroad Grade Crossing Separations

Text

(a) The appeal shall be taken by filing an
original complaint in the circuit court, superior court, or probate court
of the county in which the city is located against the board within the
time named, setting forth the action of the board in respect to the
assessment or award, and stating the facts relied upon as showing an
error of the board. The court shall rehear the matter of the assessment
or award de novo, and confirm, lower or increase the amount. The
cause shall be summarily tried by the court without the intervention of
a jury, as in other civil cases. A change of venue from the county may
not be taken.
(b) All remonstrances upon which an appeal is taken may be
consolidated and heard as one (1) cause of action, and all the appeals
shall be heard and determined by the court within thirty (30) days after
the time of filing of the appeal. If the court reduces the amount of
benefit assessed against the land of the property owner by ten percent
(10%) or more of the assessment by the board, or increases the amount
of the damages awarded in the property owner's favor by ten percent
(10%) or more of the amount awarded by the board, the plaintiff in the
appeal shall recover costs, otherwise not.
(c) The amount of the judgment in the court shall be final, and no
appeal may be taken. However, any party in interest may take an appeal
from the judgment to the supreme court of Indiana, upon the sole
ground that the property in question has or has not incurred damages
recoverable under law.
[Pre-Local Government Recodification Citation:
19-5-14-26.]
As added by Acts 1980, P.L.8, SEC.70. Amended by
P.L.84-2016, SEC.46.