Indiana § 32-24-2-8 - Damage awards and benefit assessments; notice; remonstrances

§ 32-24-2-8. Damage awards and benefit assessments; notice; remonstrances

Sec. 8. (a) Upon the completion of the list, the works board shall award the damages sustained and assess the benefits accruing to each piece of property on the list.

(b) When the assessments or awards are completed, the works board shall have a written notice served upon the owner of each piece of property, showing the amount of the assessment or award, by:

(1) if the owner is a resident of the municipality, leaving a copy of the notice at the owner's last usual place of residence in the municipality or by delivering a copy to the owner personally and mailing a copy of the notice to the owner's address of record; or

(2) if the owner is not a resident of the municipality, by sending the notice to the owner's address of record by certified mail.

(c) If the owner's residence is unknown, the municipality shall notify the owner by publication once each week for three (3) successive weeks:

(1) with each publication of notice in a daily newspaper of general circulation in the municipality; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the two (2) subsequent publications of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web site of the municipality.

(d) The notices must also name a day, at least thirty (30) days after service of notice or after the last publication, on which the works board will receive or hear remonstrances from owners with regard to:

(1) the amount of their respective awards or assessments; and

(2) objections to the municipality's right to exercise the power of eminent domain for the use sought.

(e) Persons not included in the list of the assessments or awards and claiming to be entitled to them are considered to have been notified of the pendency of the proceedings by the original notice of the resolution of the works board.

(f) The notice required by this section must provide the full text of subsection (d) to provide notice to the property owners of their right to object to the condemnation and be in substantially the same form as the notice required under IC 32-24-1-6(a).

[Pre-2002 Recodification Citation: 32-11-1.5-5.]

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.5; P.L.152-2021, SEC.34.