Indiana Code 14-26-8-43. New assessments where no contract let
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Sec. 43. (a) If the surveyor is unable to let a contract and construct the proposed improvement for the estimated cost of construction, the surveyor shall report the fact to the court.
(c) If the order for a new assessment is made:
(b) The court shall immediately order a new assessment of benefits and damages if requested in writing by at least two-thirds (2/3) of the original petitioners.
Terms Used In Indiana Code 14-26-8-43
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(1) the procedure provided for following the making of the original assessment shall be followed with respect to the new assessment and subsequent actions; and
(2) the landowners have the same right to remonstrate and appeal as is provided for original assessments.
[Pre-1995 Recodification Citation: 13-2-18-16.]
As added by P.L.1-1995, SEC.19.