Indiana Code
Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements
36-9-28-3. Order to Construct or Improve; Considerations; Filing of Record of Proceedings

Sec. 3. (a) In making an order for a project under this chapter, the municipal works board shall consider whether the project will beneficially or injuriously affect any property outside the corporate boundaries of the municipality.
(b) If the works board finds that the proposed project will injuriously or beneficially affect property outside the corporate boundaries of the municipality, it shall file with the circuit court, superior court, or probate court for the county a record of all the proceedings concerning the project, including:
(1) a list of all persons whose property will be affected, as determined from the records of the county at the time the works board passes the order for the project; and
(2) a description of the boundaries of the affected area.
The proceedings shall be docketed in the circuit court, superior court, or probate court in the same manner as other civil actions, and the court shall fix a time when the proceedings shall be heard.
(c) If the works board finds that the proposed project will not affect property outside the corporate boundaries of the municipality, it may not proceed with the project under this chapter.
[Pre-Local Government Recodification Citation: 19-4-20-3.]
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.187.

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