Sec. 27. (a) After final action of the board confirming the resolution in its original form, all property located within the corporate boundaries of the city is subject to a special tax to provide money to pay the total cost of acquiring land, of an improvement, or of both, including all necessary incidental expenses. The special tax constitutes the amount of benefits resulting to the property from the proceedings and shall be levied as provided in this chapter.
(b) If the board determines that any lots or parcels of land, exclusive of improvements, lying within two thousand (2,000) feet of either side of property to be acquired for a work of construction will incur a particular benefit because of proximity to the property to be acquired or the work of construction, the lots and parcels of land are subject to a special assessment for benefits in addition to the benefits received by them in common with all other property located in the city. The special assessment shall be determined in accordance with this chapter, but the total amount of the additional benefits assessed may not exceed twenty-five percent (25%) of the total cost of acquiring land, of the improvement, or of both.
(c) The total amount of additional benefits assessed and finally confirmed or adjudged against lots and parcels of land, exclusive of improvements, lying within two thousand (2,000) feet shall be deducted from the total cost of acquiring new park land, of the improvement, or of both. The balance of the total cost constitutes the amount of the benefits resulting to all property in the city, with the special tax levied only for the balance.
[Pre-Local Government Recodification Citations: 19-7-9-9 part; 19-7-30-21.]
As added by Acts 1981, P.L.309, SEC.111.
Structure Indiana Code
Article 10. Recreation, Culture, and Community Facilities
Chapter 4. Parks Department in Certain Cities
36-10-4-1. Application of Chapter
36-10-4-4. Commissioner; Appointment; Removal
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
36-10-4-8. Taxing District for Levying Special Benefit Taxes
36-10-4-10. Powers of Board Extended Five Miles Outside Corporate City Boundaries
36-10-4-12. Open Spaces for Park, Recreational, or Civic Purposes
36-10-4-15. Publication of Rules Adopted by Board
36-10-4-17. Granting of Public Utility Franchise
36-10-4-18. Ordinance Authorizing Sale of Park Lands; Disposition of Proceeds
36-10-4-21. Eminent Domain; Damages; Prior Public Use
36-10-4-22. Authority Concerning Rivers, Streams, and Waterways
36-10-4-24. Appropriation of Property; Purposes
36-10-4-29. Exempt Personal and Real Property; Exception
36-10-4-30. Awards; Determination; Notice Describing Location of Land Appropriated or Acquired
36-10-4-32. Remonstrance Against Award or Assessment; Hearing; Decision; Appeal; Procedure; Costs
36-10-4-34. Damage Awards; Certificates; Payment; Disputes as to Claimants
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