Indiana § 36-9-38-23 - Costs exceeding benefits; postponement of improvement; reappraisement; deficiency supplied; bond
Full text of Indiana Indiana Code § 36-9-38-23 — Costs exceeding benefits; postponement of improvement; reappraisement; deficiency supplied; bond, with citation guidance and answers to common questions.
§ 36-9-38-23. Costs exceeding benefits; postponement of improvement; reappraisement; deficiency supplied; bond
Sec. 23. (a) If the total of the assessed benefits, after deducting assessed damages, does not equal or exceed the total estimated cost of the improvement, further action may not be taken on the proposed improvement until:
(1) a second assessment of benefits and damages has been completed; or
(2) the petitioners, the municipality, or another source, separately or jointly, undertakes to provide the deficiency.
(b) The municipal works board may request the original appraisers to make the second assessment or may appoint three (3) other qualified, disinterested appraisers to make the second assessment. The second assessment shall be completed in the same manner as the first assessment.
(c) If a second assessment of benefits, after deducting the damages, does not equal or exceed the estimated cost of the improvement, further action may not be taken on the proposed improvement, unless the petitioners, the municipality, or another source, separately or jointly, undertakes to provide the deficiency. If the petitioners elect to provide the deficiency, further action may not be taken upon the improvement until the petitioners file with the works board a bond with adequate surety. The bond must be conditioned on payment of the net balance of the actual cost of the improvement over the total of the assessments after deducting damages.
As added by P.L.98-1993, SEC.9.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-9-38-23
What does Indiana Code § 36-9-38-23 cover?
Section 36-9-38-23 ("Costs exceeding benefits; postponement of improvement; reappraisement; deficiency supplied; bond") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 36-9-38-23?
A common citation format is "Indiana Code § 36-9-38-23" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 36-9-38-23 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.