Sec. 31. (a) If a remonstrance is sustained by the court, the court may modify and equalize the assessments, as justice requires, by doing the following:
(1) Diminishing the assessments on some tracts and increasing the assessments on other tracts.
(2) Giving or withholding damages.
(b) For purposes of this section each person whose land is:
(1) reported as affected; or
(2) stated in the petition as affected;
is considered to be in court by virtue of the notices originally given to the parties on the pendency of the petition.
(c) If:
(1) the land described in the petition as affected by the proposed work; and
(2) the surveyor has reported the land as neither benefited nor damaged;
the court may, if the facts and justice warrant, make assessments against the land.
(d) The assessments as changed, modified, equalized, or made are valid.
[Pre-1995 Recodification Citation: 13-2-18-12 part.]
As added by P.L.1-1995, SEC.19.