Sec. 17. (a) If:

(1) a remonstrance has not been filed within ten (10) days of the date of the hearing; and

Terms Used In Indiana Code 14-26-8-17

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(2) the court considers the petition sufficient;

the court shall make an order referring the petition to the viewers.

     (b) An objection to the petition or the acting of the viewers not made within the ten (10) days is considered waived.

     (c) In the order referring the matter to the viewers, the court shall fix a time when the viewers shall meet and make a report. The clerk shall deliver to the viewers a duplicate copy of the petition and the order.

     (d) A viewer who cannot meet on the date specified by the court may notify the court in writing, and the court shall set another date for the viewers to meet. If it is not possible for all of the viewers to meet on the new day specified by the court, a majority of the viewers may meet and view the proposed project.

[Pre-1995 Recodification Citation: 13-2-18-7 part.]

As added by P.L.1-1995, SEC.19.