Sec. 13. (a) At the time fixed for the hearing, or at any time prior to that, any owner of land, right-of-way or other property to be appropriated under the resolution, and any railroad company or companies, any street railway company, and any person owning real or personal property situated within the city, may file a written remonstrance with the board.
(b) At the hearing, which may be adjourned from time to time, the board shall hear all persons interested in the proceedings and consider all remonstrances that have been filed, and after considering them, the board shall take final action and determine the public necessity and convenience of the proposed improvement, and confirm, or modify and confirm, or rescind the resolution. The final action shall be duly entered of record, and is conclusive upon all persons, except as provided in sections 4 through 8 of this chapter. Any person who has remonstrated in writing and who is aggrieved by the decision of the board may take an appeal to the circuit court, superior court, or probate court in the county in which the city is located.
[Pre-Local Government Recodification Citation: 19-5-14-13.]
As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.42.
Structure Indiana Code
Title 8. Utilities and Transportation
Chapter 2.1. Railroad Grade Crossing Separations
8-6-2.1-1. Separation or Alteration of Grade Levels of Public Highway
8-6-2.1-3. Department of Transportation Powers
8-6-2.1-4. Preparation of Maps and Plans
8-6-2.1-5. Parties to Agreements; Submission of Specifications, Maps, and Plans; Approval
8-6-2.1-6. Filing of Maps, Plans, and Specifications; Resolution; Inspection
8-6-2.1-7. Acquisition of Property; Cost Agreements
8-6-2.1-8. Clearance and Grade
8-6-2.1-9. Notice of Adoption of Resolution or Alteration of Grade; Remonstrances
8-6-2.1-11. Options to Purchase Land; Appraisals
8-6-2.1-12. Title to Acquired Property
8-6-2.1-13. Remonstrances; Appeals
8-6-2.1-14. Filing of Order and Bond; Hearing
8-6-2.1-15. Agreements Concerning Planning and Completion of Work Projects
8-6-2.1-16. Costs to Be Borne by Parties in Interest
8-6-2.1-17. Agreements Fixing Cost of Improvements Borne by Parties in Interest
8-6-2.1-18. Contracts; Bidding; Validity of Proceedings and Orders of Board and Contract
8-6-2.1-20. Accounting of Improvement Costs and Disbursements; Payments and Adjustments
8-6-2.1-21. Special Tax; Taxing District
8-6-2.1-22. Roll of Owners of Property Sought to Be Taken
8-6-2.1-24. Interests of Mentally Incompetent Persons or Infants; Guardianship
8-6-2.1-25. Appearance by Remonstrators; Appeals
8-6-2.1-26. Procedure on Appeal
8-6-2.1-27. Assessment Liens; Payment; Tax Exemption
8-6-2.1-28. Payment of Damages
8-6-2.1-30. Proceeds From Sale of Bonds
8-6-2.1-32. Payment for Lands Acquired by Purchase, Contract, or Eminent Domain; Title to Lands
8-6-2.1-33. Filing of Description of Acquired Lands
8-6-2.1-34. Limitations Upon Expenditures and Appropriations
8-6-2.1-35. Application of Ic 8-6-3 to Maintenance Costs
8-6-2.1-36. Jurisdiction and Authority of Board of Each City