Sec. 25. (a) Except as provided in subsection (b), the decision of the works board concerning all benefits is final and conclusive on all parties.
(b) An owner of an assessed lot or parcel of land who has filed a written remonstrance with the board may appeal in the manner prescribed by IC 34-13-6. The appeal does not delay the delivery of the assessment roll to the municipal fiscal officer and does not affect the rights of any other property owner.
(c) If an assessment is reduced on appeal, the works board shall certify the correction to the municipal fiscal officer. The municipal fiscal officer shall then enter the proper amount of the assessment on the roll.
(d) The following applies if there is a defect in the assessment proceedings with respect to at least one (1) interested person:
(1) The defect affects the proceedings only to the extent that the defect affects the interest or property of the person or persons.
(2) Supplementary proceedings of the same general character as those described by this chapter may be had to correct or supply the defect.
As added by P.L.98-1993, SEC.10. Amended by P.L.1-1998, SEC.219.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 39. Barrett Law Funding for Municipal Sewers
36-9-39-1. Application of Chapter
36-9-39-1.3. "Construction" Defined
36-9-39-3. Adoption of Resolution; Contents
36-9-39-4. Notice of Resolution and Hearing; Cost Estimate
36-9-39-5. Conduct of Hearing; Findings
36-9-39-7. Sewage Works for Use by Owners of Abutting Property; Bidding Procedure
36-9-39-9. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Resolution; Notice
36-9-39-11. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Hearing; Findings
36-9-39-13. Payment of Costs; Appropriations; Assessments; Contracts
36-9-39-18. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Assessments
36-9-39-20. Assessments; Inclusion of Amount Determined Under Ic 36-9-22-5
36-9-39-21. Assessment Roll; Formulation; Contents
36-9-39-23. Hearing on Assessments; Findings; Modification of Preliminary or Primary Assessments
36-9-39-24. Hearing on Assessments; Modification of Assessment Roll; Delivery to Fiscal Officer
36-9-39-25. Hearing on Assessments; Finality of Decision; Appeals; Effect of Defective Procedures
36-9-39-26. Duties of Fiscal Officer
36-9-39-28. Enforcement of Assessments and Bonds; Statutes Applicable