Sec. 9. (a) If a person having an interest in property affected by the proceedings is mentally incompetent or less than eighteen (18) years of age, the works board shall certify that fact to the municipality's attorney.
(b) The municipality's attorney shall apply to the proper court and secure the appointment of a guardian for the person less than eighteen (18) years of age or the mentally incompetent person. The works board shall give notice to the guardian, who shall appear and defend the interest of the protected person. However, if the protected person already has a guardian, the notice shall be served on that guardian. The requirements of notice to the guardian are the same as for other notices.
(c) If there is a defect in the proceedings with respect to at least one (1) interested person, the defect does not affect the proceedings except as it may concern the interest or property of those persons, and the defect does not affect any other person concerned.
(d) In case of a defect, supplementary proceedings of the same general character as those prescribed by this chapter may be initiated in order to correct the defect.
[Pre-2002 Recodification Citation: 32-11-1.5-6.]
As added by P.L.2-2002, SEC.9.
Structure Indiana Code
Chapter 2. Procedures for Cities and Towns
32-24-2-1. "Fiscal Officer" Defined
32-24-2-2. "Municipality" Defined
32-24-2-4. "Works Board" Defined
32-24-2-5. Alternate Procedure
32-24-2-6. Application of Chapter; Condemnation Resolutions; Notice; Remonstrances
32-24-2-7. List of Affected Property Owners
32-24-2-8. Damage Awards and Benefit Assessments; Notice; Remonstrances
32-24-2-9. Guardianship Proceedings; Notice
32-24-2-10. Remonstrances; Appeal
32-24-2-11. Appeal Procedure; Discontinuance
32-24-2-12. Assessment of Benefits; Local Assessment Roll
32-24-2-13. Due Date of Benefit Assessments; Foreclosure of Liens; Costs
32-24-2-14. Payment of Damage Awards
32-24-2-15. Certificates of Damages; Disputes as to Whom Damages Should Be Paid; Injunction