Sec. 39. (a) During January of each year, the municipal fiscal officer shall determine all amounts of overpayments on the special assessment rolls for public improvements that have been unclaimed for at least five (5) years. The fiscal officer shall prepare a detailed statement showing the following information for each overpayment:
(1) The date.
(2) The number of the receipt.
(3) The amount overpaid.
(4) The book and page where the overpayment is recorded.
(5) The owner of record of the property on which the overpayment was made.
(b) After preparing the statement described in subsection (a), the municipal fiscal officer shall give notice by publication in accordance with IC 5-3-1. The notice must do all of the following:
(1) Contain the names of the owners of record of the property affected by the assessment.
(2) State the amounts of the respective overpayments.
(3) State that the overpayments will be transferred to the general fund of the municipality unless the owners or the owners' legal successors or assigns appear and provide proof of their claims to the overpayments not later than thirty (30) days after the date of the first publication of the notice.
(c) At the expiration of the thirty (30) day redemption period under subsection (b), the municipal fiscal officer shall transfer and pay the unclaimed overpayments into the general fund of the municipality. The amounts transferred shall be used and expended in the same manner as other money in the general fund.
As added by P.L.98-1993, SEC.8.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 37. Barrett Law Funding for Municipalities
36-9-37-1. Application of Chapter
36-9-37-3. Municipalities Owning and Operating Water Utilities; Water Main Extensions
36-9-37-4. Prerequisites for Enforcement and Collection of Special Assessments
36-9-37-5. Assumption by Municipality of Responsibility for Payment of Bonds
36-9-37-7. Municipal Fiscal Officers; Surety Bonds; Personal Liability
36-9-37-8. Payment of Expenses
36-9-37-8.5. Assessments; Installment Payments
36-9-37-9. Certification of Assessment Roll; Liens
36-9-37-10. Liability of Municipalities for Assessments for Public Improvements
36-9-37-11. Assessment Installments; Interest
36-9-37-12. Payment of Assessment in Deferred Installments; Time for Making Payments
36-9-37-13. Payment of Assessment in Installments; Proceeds; Special Fund
36-9-37-14. Prepayment of Assessment Installments
36-9-37-15. Prepaid Assessments; Proceeds; Special Fund; Investment; Redemption of Outstanding Bonds
36-9-37-16. Negligent Investment of Special Fund Money; Liability of Municipality
36-9-37-17. Special Fund Created Under Ic 36-9-37-15; Warrants for Disbursements
36-9-37-18. Notice; Payments to Bond Owner; Proceeds Collectable by Fiscal Officer
36-9-37-19. Notice of Default on Installment Payments
36-9-37-20. Collection of Delinquent Assessments; Interest Penalties
36-9-37-21. Interest Penalty Collections; Surplus Barrett Law Account; Use of Funds
36-9-37-22. Default on Single Installment
36-9-37-22.5. Preservation of Assessment in Default as a Lien
36-9-37-23. Certification of Delinquent Assessments
36-9-37-24. Delinquent Assessments; Sale of Property
36-9-37-25. Procedures to Avoid a Foreclosure Action
36-9-37-26. Disposition of Property Acquired by Foreclosure or Conveyance; Procedure
36-9-37-27. Disposition of Property Held by Bank or Trust Company
36-9-37-28. Bonds; Contents; Issuance; Denominations
36-9-37-30. Payment of Bonds at Maturity
36-9-37-31. Bonds; Presentation for Payment; Receipts
36-9-37-32. Schedule of Amounts Paid on Bonds
36-9-37-33. Matured Bonds; Notice to Holder of Money Available for Payment
36-9-37-34. Bonds; Tax Exemption
36-9-37-35. Bonds; Insufficient Funds for Payment; Issuance of Certificates of Indebtedness
36-9-37-36. Bonds; Certificates of Indebtedness; Payment
36-9-37-38. Overpayment of Special Assessments; Refunds
36-9-37-39. Overpayments; Annual Statement; Notice; Disposition
36-9-37-40. Money Collected as Special Assessments; Disposition After Five Years
36-9-37-41. Money Deposited in General Fund; Claims
36-9-37-42. Transfer of Unclaimed Money to Surplus Barrett Law Account
36-9-37-43. Unpaid Warrants or Checks; Cancellation
36-9-37-44. Prepaid Interest; Reimbursement
36-9-37-45. Municipalities No Longer Using Barrett Law; Transfer of Surplus Money