Remonstrances; Appeal

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Sec. 10. (a) A person notified or considered to be notified under this chapter may appear before the works board on the day fixed for hearing remonstrances to awards and assessments and the municipality's right to exercise the power of eminent domain for the use sought and remonstrate in writing against them.

(b) After the remonstrances have been received, the works board shall either sustain or modify the awards or assessments in the case of remonstrances that have been filed that are based on the amount of the awards or assessments. The works board shall sustain the award or assessment in the case of an award or assessment against which a remonstrance has not been filed.

(c) If a person remonstrates in writing an objection to the municipality's right to exercise the power of eminent domain for the use sought, the works board shall consider the remonstrance and confirm, modify, or rescind its original resolution.

(d) A person remonstrating in writing who is aggrieved by the decision of the works board may, not later than thirty (30) days after the decision is made, take an appeal to a court that has jurisdiction in the county in which the municipality is located. The appeal affects only the assessment or award of the person appealing.

[Pre-2002 Recodification Citation: 32-11-1.5-7.]

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.6.


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