Indiana Code
Chapter 2.1. Railroad Grade Crossing Separations
8-6-2.1-26. Procedure on Appeal

Sec. 26. (a) The appeal shall be taken by filing an original complaint in the circuit court, superior court, or probate court of the county in which the city is located against the board within the time named, setting forth the action of the board in respect to the assessment or award, and stating the facts relied upon as showing an error of the board. The court shall rehear the matter of the assessment or award de novo, and confirm, lower or increase the amount. The cause shall be summarily tried by the court without the intervention of a jury, as in other civil cases. A change of venue from the county may not be taken.
(b) All remonstrances upon which an appeal is taken may be consolidated and heard as one (1) cause of action, and all the appeals shall be heard and determined by the court within thirty (30) days after the time of filing of the appeal. If the court reduces the amount of benefit assessed against the land of the property owner by ten percent (10%) or more of the assessment by the board, or increases the amount of the damages awarded in the property owner's favor by ten percent (10%) or more of the amount awarded by the board, the plaintiff in the appeal shall recover costs, otherwise not.
(c) The amount of the judgment in the court shall be final, and no appeal may be taken. However, any party in interest may take an appeal from the judgment to the supreme court of Indiana, upon the sole ground that the property in question has or has not incurred damages recoverable under law.
[Pre-Local Government Recodification Citation: 19-5-14-26.]
As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.46.

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