Sec. 14. Within twenty (20) days after the final action of the board, the remonstrator may file in the office of the clerk of the circuit court a copy of the order of the board, not including, unless he so desires, the maps, plans and specifications, and his remonstrance to them, together with his bond conditioned to pay the cost of the appeal if it is determined against him. All appeals shall be consolidated and heard as one (1) cause of action by the court, and the burden of proof is upon the remonstrators. The cause shall be tried and determined summarily by the court without the intervention of a jury, as other civil causes, and shall be given precedence over other matters pending in the court. Upon the trial of the cause, the court shall hear evidence upon the remonstrances and shall confirm the final action of the board on the resolution, or sustain the remonstrance or remonstrances to them, and the court may remand the resolution for further proceedings. If the resolution is confirmed the judgment of the court is conclusive upon all parties, and no appeal lies from the judgment.
[Pre-Local Government Recodification Citation: 19-5-14-14.]
As added by Acts 1980, P.L.8, SEC.70.
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