Indiana Code
Chapter 4. Parks Department in Certain Cities
36-10-4-23. Improvement of Parkway, Pleasure Driveway, or Boulevard; Orders; Assessment of Costs; Remonstrance; Changing and Fixing Grade

Sec. 23. (a) The board may, in a proceeding separate from the acquisition of land by purchase or appropriation, order the improvement of a parkway, pleasure driveway, or boulevard, or part of any of these, under the control of the board by surface grading, paving, curbing, or constructing sidewalks in the same manner as the works board of the city may improve a public way or sidewalk within the city. The powers, rights, and duties of the board in carrying out this work are the same as the powers, rights, and duties of the works board in the performance of similar work under general procedures. In addition, the board may determine the kind of pavement to be used. The powers, rights, and duties of the persons to be assessed are the same as those provided under general procedures for doing similar work by the works board, with the cost of improvements assessed to the same extent as property is assessed.
(b) When costs are assessed, they become a lien upon the property to the same extent, are enforceable in the same manner, and have the same rights to payment by installments and appeal as are provided for street and sidewalk improvements ordered by the works board.
(c) If a majority of the resident freeholders affected by the proposed improvement remonstrate in writing against the improvement, the board may, after giving ten (10) days' notice to the remonstrators, petition the circuit court, superior court, or probate court to specifically order the improvement. If at the hearing on the petition the board establishes the public necessity of the proposed improvement and demonstrates that the benefits will equal the assessments against the separate lots or parcels of land, the order shall be made.
(d) If land along one (1) side of a parkway, pleasure driveway, or boulevard is owned by the city or used by it for park purposes, one-half (1/2) of the cost of the improvements under this section, as well as any part of the other one-half (1/2) of the cost of the improvements that cannot be met by special assessments against abutting property, is considered to be benefits accruing to all of the property, real and personal, not exempt from taxation under this chapter and located within the boundaries of the district. The cost shall be paid out of the proceeds of the bonds of the taxing district that are issued and sold for those purposes. Payment shall be made as provided in sections 35 and 37 of this chapter.
(e) The board may provide for the rough grading of a parkway, pleasure driveway, or boulevard at the same time as the acquisition of the property or after the property, or a necessary part of it, has already been secured under section 21 of this chapter.
(f) The board may change and fix the grade of a boulevard, park boulevard, public driveway, or public ground under its control to the same extent as the works board of the city may change and fix the grade of a public way or public place within the city.
[Pre-Local Government Recodification Citation: 19-7-30-17.]
As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.84-2016, SEC.196.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 10. Recreation, Culture, and Community Facilities

Chapter 4. Parks Department in Certain Cities

36-10-4-1. Application of Chapter

36-10-4-2. Definitions

36-10-4-3. Department of Public Parks; Establishment; Board of Park Commissioners; Membership; Compensation; Oath

36-10-4-4. Commissioner; Appointment; Removal

36-10-4-5. Second Class City; Resolution to Extend Boundaries; Remonstrance; Referendum; Election; Effective Date of Extension; Operation of Parks

36-10-4-6. Extended Districts in Certain Counties; Board of Park Commissioners; Term; Vacancy

36-10-4-6.1. Extended Districts in Other Counties; Board of Park Commissioners; Term; Vacancy

36-10-4-7. Board of Park Commissioners; Election of Officers; Quorum; Regular Meetings; Office; Report; Disposition of Money Received

36-10-4-8. Taxing District for Levying Special Benefit Taxes

36-10-4-9. Control of Property Within District; Public Ways Passing Through Park Property; Powers of Board

36-10-4-10. Powers of Board Extended Five Miles Outside Corporate City Boundaries

36-10-4-11. Shade Trees and Lawns Along Public Ways; Resolution Assessing Cost; Hearing; Assessments; Playgrounds; Public School Grounds or Buildings

36-10-4-12. Open Spaces for Park, Recreational, or Civic Purposes

36-10-4-13. Law Governing Adoption of Plans, Giving of Notice, and Receiving of Bids in Letting of Contract

36-10-4-14. Actions to Recover Damages for Breach of Agreement, Penalties for Violation of Ordinance, Damages for Injury to Property, and Possession of Property

36-10-4-15. Publication of Rules Adopted by Board

36-10-4-16. Taxes; Disbursements; Borrowing; General Park Fund; Special Funds; Fees; Deposits; Withdrawals

36-10-4-17. Granting of Public Utility Franchise

36-10-4-18. Ordinance Authorizing Sale of Park Lands; Disposition of Proceeds

36-10-4-19. Building Lines; Establishment by Resolution; Nature of Rights in Land Between Building Line and Park Property; Procedure; Regulation of Use of Property; Conflict of Interest

36-10-4-20. Acquisition of Property for Various Purposes; Holding Property in Trust; Establishment of Museums; Contracts for Management and Maintenance of Facilities

36-10-4-21. Eminent Domain; Damages; Prior Public Use

36-10-4-22. Authority Concerning Rivers, Streams, and Waterways

36-10-4-23. Improvement of Parkway, Pleasure Driveway, or Boulevard; Orders; Assessment of Costs; Remonstrance; Changing and Fixing Grade

36-10-4-24. Appropriation of Property; Purposes

36-10-4-25. Resolution to Acquire Property; Adoption; Contents; Notice of Adoption; Appraisal; Title; Hearing; Remonstrance, Final Action

36-10-4-26. Letting of Contract for Construction; Bidder's Deposit; Payment; Limitation of Cost; Validity of Contract

36-10-4-27. Properties Subject to Special Tax; Lands Subject to Special Assessment for Benefits; Determination of Benefits to All Property in City

36-10-4-28. Lists of Property Sought to Be Taken, Certain Property Incurring Particular Benefit, and Persons Affected Injuriously or Beneficially

36-10-4-29. Exempt Personal and Real Property; Exception

36-10-4-30. Awards; Determination; Notice Describing Location of Land Appropriated or Acquired

36-10-4-31. Notice to Mentally Incompetent Persons or Minors; Defects or Irregularities in Proceedings

36-10-4-32. Remonstrance Against Award or Assessment; Hearing; Decision; Appeal; Procedure; Costs

36-10-4-33. The Local Assessment Duplicate; Collection by County Treasurer; Payment Date; Foreclosure; Installment Payments; Law Governing; Assessment Bonds; Expense of Notices

36-10-4-34. Damage Awards; Certificates; Payment; Disputes as to Claimants

36-10-4-35. Bonds; Issuance; Purpose; Deduction of Benefits From Cost; Inclusion of Estimated Costs in One Bond Issue; Denomination; Issuance and Sale Procedure

36-10-4-36. Cumulative Building and Sinking Fund; Establishment; Levy of Tax

36-10-4-37. District Bond Fund; Proceeds From Sale of Bonds; Disposition of Fund

36-10-4-38. Special Tax to Pay Principal of Bonds and Accruing Interest; Collection; Accumulations of Fund Before Use for Payment

36-10-4-39. Payment for Land Taken or Purchased or Work Done by Contract; Recording of Land Description and Purpose of Acquisition

36-10-4-40. Separate Contracts With Another Party for Public Improvements or Repairs; Violation of Section