CHAPTER 8. BOARD OF APPRAISERS
IC 14-33-8
Chapter 8. Board of Appraisers
IC 14-33-8-1
Appointment; duties
Sec. 1. At the time of making the order approving the district planbut not later than thirty (30) days following the completion ofconstruction of the works of improvement provided for in the districtplan, and upon petition of the board or of a freeholder whose land issubject to the special benefits tax, the court shall appoint three (3)competent, disinterested persons to constitute the board of appraisersof the district. The board of appraisers has one (1) or both of thefollowing functions as the court in the order appointing theappraisers directs:
(1) To determine the damages or limitation on special benefitsto real property in the district resulting from the carrying out ofthe district plan, including the compensation to be paid theowners and others having an interest in land that is needed bythe district, either in fee simple or by subjection to an easement.The land or easement is considered appropriated to the use ofthe district by the order of the court approving the district plan,which is implemented by construction drawings, specifications,and refined cost estimates on that part of the works ofimprovement that damage the land. If a district plan isimplemented later, the land is considered appropriated to theuse of the district by the resolution of the board of directorsconfirming the adoption of the construction drawings,specifications, and refined cost estimates as provided byIC 14-33-6-10. The board of appraisers shall base the appraisalof damages on the date the land is considered appropriated.Land or easements are considered appropriated by the order ofthe court or the resolution of the board of directors only if theowner of the land is notified in the manner provided byIC 14-33-2-12 stating that the district plan or constructiondrawings and specifications contemplate the appropriation ofthe owner's land or easement.
(2) To determine the existence and amount of exceptionalbenefits that accrue to real property in the district due to theexecution of the district plan.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-2
Oath; quorum; vacancies; compensation
Sec. 2. (a) Before beginning the duties, each appraiser must takeand subscribe to an oath that the appraiser will faithfully andimpartially discharge the duties.
(b) A majority of the board of appraisers constitutes a quorum,and a quorum is sufficient for decisions.
(c) Each appraiser holds office until excused by the court, and thecourt shall fill all vacancies in the board of appraisers resulting from
being excused, resignation, or inability to serve.
(d) The court shall determine and approve the compensation ofeach of the appraisers and shall base the compensation on the workperformed and the professional qualifications of each appraiser. Thecompensation shall be paid out of district money.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-3
Necessary assistance furnished to appraisers
Sec. 3. The board of directors shall furnish necessary assistanceto the appraisers, including the services of the attorney, engineer,secretary, and other agents and employees of the board of directors.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-4
Damages; eminent domain
Sec. 4. If the board of appraisers has the function of determiningdamages, the board of directors may continue to make settlementdirectly with the persons who own or have an interest in all or anyreal property needed by the district. The board of directors also mayacquire any needed real property or easement by eminent domainproceedings according to statute.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-5
Appraisal of damages to property
Sec. 5. (a) In determining damages, the board of directors shallgive the appraisers the description of land needed in fee simple andof land over which an easement is needed. If an easement isdesignated by the board of directors, the purpose and extent of theeasement must be definitely stated.
(b) The appraisers shall do the following:
(1) Appraise the real property and the amount of damages.
(2) Make a report to the court of the findings.
(c) If the board of appraisers does not return an appraisal ofdamages to real property, that constitutes a finding that damages willnot be sustained by that real property.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-6
Determination of exceptional benefits
Sec. 6. If the board of appraisers has the function of determiningthe existence and amount of exceptional benefits, the appraisers shallbecome familiar with the details of the district plan and the realproperty affected by the district plan. In making the determinations,the appraisers must give due consideration and credit to thefollowing:
(1) Any other works of improvement already constructed orunder construction.
(2) Contributions that form a useful part of the work of the
district according to the district plan.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-7
Exceptional benefits from flood prevention and control orimproved drainage
Sec. 7. (a) In determining the existence and amount of exceptionalbenefits resulting from the accomplishment of the purpose of:
(1) flood prevention and control;
(2) improving drainage; or
(3) both;
for a district having a district plan incorporating a watershed workplan prepared in cooperation with the United States Secretary ofAgriculture under the federal Watershed Protection and FloodPrevention Act, as amended (16 U.S.C. 1001 et seq.), the appraisersshall be guided in their determination of what real property receivesexceptional benefits by the studies of the United States NaturalResources Conservation Service regarding land to be benefited thathave been incorporated onto a map of the watershed and made a partof the district plan.
(b) The only other real property that the appraisers may consideras exceptionally benefited is real property that has a higher and betteruse as an incidental result of the works of improvement.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-8
Exceptional benefits from sewage collection, treatment, anddisposal
Sec. 8. (a) In determining the existence and amount of exceptionalbenefits resulting from the purpose of sewage collection, treatment,and disposal, the appraisers shall consider as exceptionally benefitedthe following:
(1) Real property that would not pay special benefits taxes forthe support of the system.
(2) Real property that requires greater capacity of collecting ortreating equipment because of intensive use.
(b) The determination of exceptional benefits from theaccomplishment of this purpose is always subject to amendment orsupplement as a result of changed land use.
(c) Exceptional benefits may be assessed on an annual basis aslong as the exceptional conditions exist.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-9
Report of findings
Sec. 9. The board of appraisers shall make a report of the findingsto the court as the court orders. All the findings concerning bothdamages and exceptional benefits may be made in one (1) report orin separate reports at different times. In addition, the report may bemade for damages or exceptional benefits, or both, periodically as
the district plan is implemented.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-10
Contents of report
Sec. 10. (a) The report of the board of appraisers must state thefollowing:
(1) The name of the record owner of the real propertyappraised.
(2) If damages are assessed, the following:
(A) The names of other persons entitled to share in theaward.
(B) The best known mailing address of the persons.
(C) A description of the property appraised.
(D) The amount of damages or exceptional benefits, or both.
(b) An error in:
(1) the names or addresses of the owners or other persons; or
(2) the descriptions;
does not invalidate the appraisal or the levy of assessments if asufficient description is given to identify the land.
(c) A majority of the board of appraisers shall sign the report.
(d) One (1) copy of the report shall be filed in the office of thedistrict.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-11
Sewer main installation as exceptional benefit
Sec. 11. The board of appraisers may report, subject to the findingand approval of the court, that an increase in fair market value of realproperty caused by the installation of a sewer main through oradjacent to the property is an exceptional benefit to the propertyregardless of the use of the sewer main by the owners or occupiersof the property.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-12
Hearing; notice
Sec. 12. (a) Upon the filing of each report of the board ofappraisers with the court, the court shall set a date for hearing on thereport.
(b) The court shall order notice of the hearing on the report of theboard of appraisers as follows:
(1) By at least one (1) publication in one (1) newspaper ofgeneral circulation in each county having land in the district atleast thirty (30) days before the date of the hearing on thereport.
(2) To each freeholder owning land named in the report and toeach person who is named in the report by mail at least twenty(20) days before the date of the hearing, first class postageprepaid, according to the records of the county auditor. (3) By mail to the office of the district at least twenty (20) daysbefore the date of the hearing, first class postage prepaid.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-13
Acceptance of appraisal; acquiescence in failure to appraisedamages; exceptions
Sec. 13. (a) A freeholder who owns land in the district or anyperson may accept the appraisal of the board of appraisers ofexceptional benefits or damages to real property:
(1) to be taken or used; and
(2) in which the person is an interested person.
(b) The same owner or person may acquiesce in the failure of theboard of appraisers to appraise damages in favor of the interestedperson. The owner or person is considered to have acquiesced in thefailure to appraise damages unless, within the time limit prescribedby the notice of hearing on the report of the board of appraisers, theinterested person files an exception to the appraisers' reportspecifying in the exceptions:
(1) the appraisal of exceptional benefits or damages; or
(2) the land or easement to be taken in which the owner orperson is an interested person.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-14
Exceptions to board of appraisers' report
Sec. 14. The board of directors may, within the time limitprescribed by the notice of hearing on the report of the board ofappraisers, file exceptions to the report of the board of appraisersspecifying in the exceptions:
(1) the appraisal of exceptional benefits or damages; or
(2) the land or easement to be taken that the board of directorscomplains as being excessive.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-15
Board's determinations as prima facie correct
Sec. 15. The determinations of the board of appraisers isconsidered prima facie correct. A person excepting is entitled to openand close.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-16
Amendment of board's report; court order
Sec. 16. (a) At the hearing the court may order the report of theboard of appraisers amended to conform with the evidence. The courtthen shall enter an order:
(1) dismissing the report; or
(2) approving the report.
(b) An appeal of the order may be made to the supreme court
within thirty (30) days.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-17
Approval of report; payment of appraisal; possession ofappropriated property
Sec. 17. When the report of the board of appraisers regardingdamages is approved by the court, the board of directors may do thefollowing:
(1) Pay to the clerk of the court the amount of the appraisal.
(2) Take possession of and hold the interest in the real propertyappropriated.
As added by P.L.1-1995, SEC.26.