Sec. 31. (a) If a remonstrance is sustained by the court, the court may modify and equalize the assessments, as justice requires, by doing the following:

(1) Diminishing the assessments on some tracts and increasing the assessments on other tracts.

(2) Giving or withholding damages.

     (b) For purposes of this section each person whose land is:

(1) reported as affected; or

(2) stated in the petition as affected;

is considered to be in court by virtue of the notices originally given to the parties on the pendency of the petition.

     (c) If:

(1) the land described in the petition as affected by the proposed work; and

(2) the surveyor has reported the land as neither benefited nor damaged;

the court may, if the facts and justice warrant, make assessments against the land.

     (d) The assessments as changed, modified, equalized, or made are valid.

[Pre-1995 Recodification Citation: 13-2-18-12 part.]

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