Sec. 17. (a) A resolution establishing an improvement district must also recite the following:
(1) That all real property within the district is subject to assessment of special benefits and damages by appraisers to be appointed by the municipal works board.
(2) That the assessments are subject to review in a hearing before the works board.
(b) The works board's resolution is considered notice to all property owners who have appeared or who have been notified of the proceedings that the owners' property is subject to an assessment of special benefits and damages under this chapter. Further notice or hearing is not required, except as provided by section 26 of this chapter.
(c) The resolution of the works board:
(1) is final and conclusive; and
(2) may not be challenged unless an appeal is made under subsection (e).
(d) A copy of the resolution establishing an improvement district, certified by the municipal clerk, shall be recorded in the miscellaneous records in the office of the recorder of the county in which the municipality is located.
(e) A person aggrieved by the adoption of a resolution establishing an improvement district may appeal in the manner prescribed by IC 34-13-6.
As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.217.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 38. Barrett Law Funding for Municipal Improvement Districts
36-9-38-1. Application of Chapter
36-9-38-2. Permissible Improvements
36-9-38-3. Improvement to Be Owned, Maintained, and Operated by Municipality
36-9-38-5. Application of Ic 36-9-36 and Ic 36-9-37
36-9-38-6. Persons Having the Same Rights and Powers as the Owner of Fee Simple Title
36-9-38-7. Petition to Establish District
36-9-38-10. Association Established Under Ic 36-9-38-8; Notice; Meeting
36-9-38-11. Association Established Under Ic 36-9-38-8; Directors; Bylaws
36-9-38-13. Notice of Hearing on Establishment of District
36-9-38-14. Petition in Opposition to District; Termination of Proceedings
36-9-38-15. Conduct of Hearing; Resolution
36-9-38-18. Plans, Specifications, and Cost Estimates
36-9-38-19. Eminent Domain; Vacation of Streets and Alleys; Property Owned by Government Entities
36-9-38-20. Letting of Construction Contracts; Actions to Enjoin Performance; Limitations
36-9-38-21. Appointment of Appraisers to Assess Benefits and Costs
36-9-38-22. Appointment of Appraisers; Assessment of Benefits and Costs; Filing of Roll
36-9-38-23.5. Assessments; Installment Payments
36-9-38-24. Final Determination of Costs; Revised Assessment
36-9-38-25. Appraisers; Qualification for Appointment
36-9-38-26. Notice of Proposed Assessments to Property Owners; Contents
36-9-38-28. Lien of Assessment
36-9-38-31. Fees for Use of Improvement; Changes; Hearing Upon Petition in Cases of Certain Changes
36-9-38-32. Fees for Use of Improvement; Excess Revenues; Payment of Bonds
36-9-38-33. Fees for Use of Improvement; Amount Limitation Following Retirement of Bonds