CHAPTER 2. PROCEDURES FOR CITIES AND TOWNS
IC 32-24-2
Chapter 2. Procedures for Cities and Towns
IC 32-24-2-1
"Fiscal officer" defined
Sec. 1. As used in this chapter, "fiscal officer" means:
(1) the city controller of a consolidated city or second class city;
(2) the city clerk-treasurer of a third class city; or
(3) the town clerk-treasurer of a town.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-2
"Municipality" defined
Sec. 2. As used in this chapter, "municipality" means a city ortown.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-3
"Property" defined
Sec. 3. As used in this chapter, "property" refers to real propertyor personal property.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-4
"Works board" defined
Sec. 4. As used in this chapter, "works board" means:
(1) the board of public works or the board of public works andsafety of a city; or
(2) the legislative body of a town.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-5
Alternate procedure
Sec. 5. If:
(1) a municipality has the power to acquire property under thischapter; or
(2) another statute provides for proceedings by a municipalityfor acquiring property under this chapter;
the board exercising those powers may proceed under IC 32-24-1instead of this chapter.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-6
Application of chapter; condemnation resolutions; notice;remonstrances
Sec. 6. (a) This chapter applies if the works board of amunicipality wants to acquire property for the use of the municipalityor to open, change, lay out, or vacate a street, an alley, or a publicplace in the municipality, including a proposed street or alleycrossings of railways or other rights-of-way. However, this chapter
does not apply if a municipality wants to acquire the property of apublic utility (as defined in IC 8-1-2-1).
(b) The works board must adopt a resolution that the municipalitywants to acquire the property. The resolution must describe theproperty that may be injuriously or beneficially affected. The boardshall have notice of the resolution published in a newspaper ofgeneral circulation published in the municipality once each week fortwo (2) consecutive weeks. The notice must name a date, at least ten(10) days after the last publication, at which time the board willreceive or hear remonstrances from persons interested in or affectedby the proceeding.
(c) The works board shall consider the remonstrances, if any, andthen take final action, confirming, modifying, or rescinding itsoriginal resolution. This action is conclusive as to all persons.
As added by P.L.2-2002, SEC.9. Amended by P.L.172-2009, SEC.6.
IC 32-24-2-7
List of affected property owners
Sec. 7. (a) When the final action under section 6 of this chapter istaken, the works board shall have prepared the following:
(1) A list of all the owners or holders of the property, and ofinterests in it, sought to be acquired or to be injuriouslyaffected.
(2) If a street, alley, or public place is to be opened, laid out,changed, or vacated in the municipality, or within four (4) milesof it, a list of the owners or holders of property, and of interestsin it, to be beneficially affected by the work.
(b) The list required by subsection (a) may not be confined to theowners of property along the line of the proposed work but mustinclude all property taken, benefitted, or injuriously affected. Inaddition to the names, the list must show, with reasonable certainty,a description of each piece of property belonging to those personsthat will be acquired or affected, either beneficially or injuriously. Agreater certainty in names or descriptions is not necessary for thevalidity of the list than is required in the assessment of taxes.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-8
Damage awards and benefit assessments; notice; remonstrances
Sec. 8. (a) Upon the completion of the list, the works board shallaward the damages sustained and assess the benefits accruing to eachpiece of property on the list.
(b) When the assessments or awards are completed, the worksboard shall have a written notice served upon the owner of eachpiece of property, showing the amount of the assessment or award,by leaving a copy of the notice at the owner's last usual place ofresidence in the municipality or by delivering a copy to the ownerpersonally.
(c) If the owner is a nonresident, or if the owner's residence isunknown, the municipality shall notify the owner by publication in
a daily newspaper of general circulation in the municipality onceeach week for three (3) successive weeks.
(d) The notices must also name a day, at least ten (10) days afterservice of notice or after the last publication, on which the worksboard will receive or hear remonstrances from persons with regardto the amount of their respective awards or assessments.
(e) Persons not included in the list of the assessments or awardsand claiming to be entitled to them are considered to have beennotified of the pendency of the proceedings by the original notice ofthe resolution of the works board.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-9
Guardianship proceedings; notice
Sec. 9. (a) If a person having an interest in property affected bythe proceedings is mentally incompetent or less than eighteen (18)years of age, the works board shall certify that fact to themunicipality's attorney.
(b) The municipality's attorney shall apply to the proper court andsecure the appointment of a guardian for the person less thaneighteen (18) years of age or the mentally incompetent person. Theworks board shall give notice to the guardian, who shall appear anddefend the interest of the protected person. However, if the protectedperson already has a guardian, the notice shall be served on thatguardian. The requirements of notice to the guardian are the same asfor other notices.
(c) If there is a defect in the proceedings with respect to at leastone (1) interested person, the defect does not affect the proceedingsexcept as it may concern the interest or property of those persons,and the defect does not affect any other person concerned.
(d) In case of a defect, supplementary proceedings of the samegeneral character as those prescribed by this chapter may be initiatedin order to correct the defect.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-10
Remonstrances; appeal
Sec. 10. (a) A person notified or considered to be notified underthis chapter may appear before the works board on the day fixed forhearing remonstrances to awards and assessments and remonstrate inwriting against them.
(b) After the remonstrances have been received, the works boardshall either sustain or modify the awards or assessments in the caseof remonstrances that have been filed. The works board shall sustainthe award or assessment in the case of an award or assessmentagainst which a remonstrance has not been filed.
(c) A person remonstrating in writing who is aggrieved by thedecision of the works board may, not later than twenty (20) daysafter the decision is made, take an appeal to a court that hasjurisdiction in the county in which the municipality is located. The
appeal affects only the assessment or award of the person appealing.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-11
Appeal procedure; discontinuance
Sec. 11. (a) The appeal may be taken by filing an originalcomplaint in the court against the municipality within the timerequired by section 10(c) of this chapter, setting forth the action ofthe works board with respect to the assessment and stating the factsrelied upon as showing an error on the part of the board. The courtshall rehear the matter of the assessment de novo and confirm,reduce, or increase the assessment. If the court reduces the amountof benefit assessed or increases the amount of damages awarded, theplaintiff may recover costs. If the court confirms the amount of theassessment, the plaintiff may not recover costs. The judgment of thecourt is conclusive, and an appeal may not be taken from the court'sjudgment.
(b) If upon appeal the benefits assessed or damages awarded bythe works board are reduced or increased, the municipality may,upon the payment of costs, discontinue the proceedings. It may also,through the works board, make and adopt an additional assessmentagainst all the property originally assessed in the proceeding, or thatpart that is benefitted, in the manner provided for the originalassessment. However, such an assessment against any one (1) pieceof property may not exceed ten percent (10%) of the originalassessment against it.
(c) If the municipality decides to discontinue the proceedingsupon payment of costs and if assessments for benefits have alreadybeen paid, the amounts paid shall be paid back to the person orpersons paying them.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-12
Assessment of benefits; local assessment roll
Sec. 12. (a) Upon completion of the assessment list by the worksboard, the list shall be delivered to the fiscal officer of themunicipality. From the time the respective amounts of benefits areassessed, or if a lot or parcel has sustained both benefits and damagesbecause of an improvement as stated in the assessment list, then theexcess of benefits assessed over damages awarded constitutes a liensuperior to all other liens except taxes against the respective lot orparcel.
(b) The fiscal officer of the municipality shall immediatelyprepare a list of the excess of benefits, to be known as the localassessment list. If the municipality is a second class city and thecounty treasurer collects money due the city, the local assessment listshall be delivered to the county treasurer.
(c) The duties of the fiscal officer of the municipality and countytreasurer are the same as prescribed with regard to assessments forstreet improvement. The provisions of the statute relating to: (1) the payment of street improvement assessments byinstallments on the signing of waivers and issuance of bondsand coupons in anticipation;
(2) the duties of the fiscal officer and the county treasurer inrelation to them; and
(3) the enforcement of payment of assessments in proceedingsfor the improvement of streets by the works board;
applies to these assessments.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-13
Due date of benefit assessments; foreclosure of liens; costs
Sec. 13. (a) The benefit assessments are due and payable to thefiscal officer or county treasurer from the time of the preparation ordelivery of the assessment duplicate.
(b) If an assessment is not paid within sixty (60) days, themunicipality, by its attorney, shall proceed to foreclose the liens asmortgages are foreclosed, with similar rights of redemption, and havethe property sold to pay the assessments. The municipality mayrecover costs, with reasonable attorney's fees, and interest from theexpiration of the sixty (60) days allowed for payment, at the rate ofsix percent (6%) per year.
(c) If the person against whom the assessment is made is aresident of the municipality, demand for payment must be made bydelivering to the person personally, or leaving at the person's last orusual place of residence, a notice of the assessment and demand forpayment.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-14
Payment of damage awards
Sec. 14. The works board may determine if any part of thedamages awarded shall be paid out of funds appropriated for the useof the board. However, not more than two thousand dollars ($2,000)in damages may be paid out of the municipality's funds for anyimprovement or condemnation except under an ordinanceappropriating money for the specific improvement or condemnation.All benefits assessed and collected by the fiscal officer or countytreasurer are subject to draft, in the usual manner, upon certificate bythe works board in favor of persons to whom damages have beenawarded. Any surplus remaining above actual awards belongs to themunicipality. The works board may delay proceedings until thebenefits have been collected.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-15
Certificates of damages; disputes as to whom damages should bepaid; injunction
Sec. 15. (a) Upon completion of the award of damages orwhenever any time for delay as provided has expired, the works
board shall make out certificates for the proper amounts and in favorof the proper persons. Presentation of the certificates to the fiscalofficer of the municipality entitles the person to a warrant on thefiscal officer or the county treasurer. The certificates or vouchersshall, whenever practicable, be actually tendered to the personsentitled to them, but when this is impracticable, they shall be kept forthe persons in the office of the works board. The making and fixingof the certificate is a valid and effectual tender to the person entitledto it, and the certificate must be delivered to that person on request.
(b) If a dispute or doubt arises as to which person the money shallbe paid, the works board shall make out the certificate in favor of themunicipality's attorney for the use of the persons entitled to it. Theattorney shall draw the money and pay it into court in a properproceeding, requiring the various claimants to interplead and havetheir respective rights determined.
(c) If an injunction is obtained because damages have not beenpaid or tendered, the works board may tender the certificate for theamount with interest from the time of entry upon the property, if anyhas been made, including all accrued costs. The injunction shall thenbe dissolved. The pendency of an appeal does not affect the validityof a tender made under this section, but the municipality mayproceed with its acquisition of the property in question. However,when a lot or parcel has sustained both benefits and damages becauseof improvements as stated in the assessment list, only an excess ofdamages awarded over benefits assessed is payable under thissection.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-16
Shoreline improvements; condemnation procedure
Sec. 16. (a) This section applies whenever the works board of amunicipality located upon or adjoining a harbor connected with anavigable stream or lake, or upon any navigable channel, slip,waterway, or watercourse, wants to acquire for the use of themunicipality any property for a right-of-way for seawalls, docks, orother improvement of the harbor, channel, slip, waterway orwatercourse.
(b) The works board shall adopt a resolution that the municipalitywants to acquire the property, describing the property that may beinjuriously or beneficially affected. All proceedings necessary for thecompletion of and payment for any such undertaking, includingnotice, remonstrance, appeal, letting of and performance of contracts,assessment and collection of payment for benefits, and thedetermination and payment of damages to property, are the same, tothe extent applicable, as those proceedings for street improvementsof the municipality by its works board or other entity charged bystatute with the performance of those duties on behalf of themunicipality.
As added by P.L.2-2002, SEC.9.
IC 32-24-2-17
Attorney's fees
Sec. 17. If applicable, a landowner who incurs attorney's feesthrough the exercise of eminent domain under this chapter is entitledto reasonable attorney's fees in accordance with IC 32-24-1-14.
As added by P.L.163-2006, SEC.14.