§ 8-9.5-7-17 — Assessment of benefits and damages

Indiana § 8-9.5-7-17

• Jurisdiction: Indiana
• Art. 9.5: TRANSPORTATION AGENCIES
• Ch. 7: Automated Transit Districts

Text

(a) This section provides for the assessment
of benefits and damages to property within the automated transit
district. For the purpose of providing all or part of the cost of payment
of principal and interest on bonded indebtedness, and expenses of
planning, construction, operation, maintenance, and repair of the
automated transit system and related parking facilities and services
after the completion of the same, including as a part of such cost the
general expenses of the commission, the commission may make an
annual assessment of benefits and damages. The assessment shall be
against the site value of the lands only.
(b) The commission shall annually prepare a schedule which
describes each tract of land in the district that it determines to be
benefited by the automated transit system, and states the percentage of
the total benefit that is received by each tract of land. In order to
prepare this schedule, the commission shall appoint three (3)
disinterested persons, who are licensed real estate brokers or appraisers
licensed under IC 25-34.1 who are residents of Indiana, as appraisers
to make an examination of the property within the improvement
district. One (1) of the persons appointed under this subsection must
reside not more than fifty (50) miles from the property. Upon request
from the appraisers, the commission may retain or employ qualified
personnel to render any necessary technical or consulting assistance,
and may supply the appraisers with any information available or
obtainable which will assist in making the assessment. Upon such
examination, such appraisers shall make an assessment of all special
benefits and damages, if any, which will accrue from the construction
and operation of the automated transit system, as to each parcel of real
estate. All property within the district (or owned or operated by the
district), except common green areas, shall be conclusively presumed
to be benefited by the existence of the district to the extent determined
under this section as its assessed benefit. A copy of the roll of all
owners of real estate, signed by all three (3) appraisers, showing the
assessment of benefits and damages, if any, shall be filed by the
appraisers with the commission not less than thirty (30) days after their
appointment, unless the commission shall extend the time.
(c) Promptly after the filing of an assessment, the commission shall
cause a notice to be mailed, by United States mail, first class postage
prepaid, to each owner of real estate to be assessed. The notices shall
be deposited in the mail twenty-one (21) days before the hearing date,
shall set forth the amount of the proposed assessment, shall state that
the proposed assessments on each parcel of real estate in the district are
on file and can be seen in the office of the commission, and shall set
forth the date when the commission will, at its office, receive written
remonstrances against the assessment on the parcel and hear all owners
of real estate assessed who have filed written remonstrances prior to
the date fixed for the hearing. It shall be sufficient if the notices to the
owners are addressed as the names and addresses appear upon the tax
duplicates in the records of the county auditor.
(d) At the time so fixed in such notice, the commission shall hear all
owners of real estate assessed who have filed written remonstrances
prior to the date of the hearing. The hearing may be continued from
time to time as long as may be necessary to hear such owners.
(e) The commission shall complete such assessment roll by
rendering its decision by increasing, or decreasing, or by confirming
each assessment by setting opposite each name, parcel and appraisers'
assessment, the amount of the assessment as determined by the
commission. If the total of the assessments exceeds the amount needed,
the commission shall further make pro rata reduction in each
assessment. The signing of such roll by a majority of the commission
members, and the delivery thereof to the fiscal officer of the city shall
constitute a final and conclusive determination of the benefits or
damages, if any, assessed. However, any owner who had previously
filed a written remonstrance as provided in this section with the board
or any owner whose assessment was increased above the amount fixed
by the appraisers, whether he filed such a written remonstrance or not,
may appeal. Such appeal shall be taken as provided in IC 34-13-6, and
shall proceed to trial, hearing, and final judgment in the manner and
with the effect as provided in IC 34-13-6 as to all parties.
(f) If the final determination of the commission results in the total
funds being inadequate to cover the cost of the improvement, the
deficiency may be supplied by other sources as provided in this
chapter.
(g) Each assessment shall be a lien on the real estate assessed,
second only to taxes levied on such property.
(h) The commission shall annually transmit to the county auditor the
schedule of assessment of benefits. The county auditor shall enter the
assessment of benefits on the tax duplicates, and the county treasurer
shall collect and enforce the amount of the assessed benefit in the same
manner as property taxes are entered, collected, and enforced.
(i) The county treasurer charged with the duty of collecting such
taxes shall, between the first and tenth days of each month, notify the
commission of the amount of such special taxes collected during the
preceding month, and upon the date of notification above referred to
such county treasurer shall credit the amount so collected to a fund of
such district to be designated as the "____________________
Automated Transit District Fund", and such fund shall be used and
expended for no other purpose than as stated in this section. The
commission shall have full, complete, and exclusive authority to
expend for and on behalf of the district all sums of money thus realized.
The commission may, by resolution, authorize and make temporary
loans in anticipation of the collection of the special benefit taxes
actually levied and in the course of collection under this section, which
loans shall mature and be paid within the year in which made, and shall
bear interest payable at the maturity of the loan. Such temporary loans
shall be evidenced by warrants.
As added by Acts 1982, P.L.77, SEC.1. Amended by
P.L.343-1989(ss), SEC.8; P.L.1-1998, SEC.89; P.L.113-2006,
SEC.7.