Indiana Code 36-9-28-11. Board of directors; duties; petition for appointment; notice of hearing; appearance; judgment
(b) A petition requesting the appointment of a board of directors for the project may be filed with the clerk of the circuit court. The petition may be signed by:
Terms Used In Indiana Code 36-9-28-11
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) the executive and legislative body of a township, if all or part of the township is located in the area affected by the project;
(3) any twenty-five (25) landowners who reside in a municipality and whose lands are located in the area affected by the improvement; or
(4) any twenty-five (25) landowners who do not reside in a municipality and whose lands are located in the area affected by the project.
The petition shall be docketed as a pending action, and the court shall fix a time when the petition shall be heard.
(c) After the petition is filed and docketed, the clerk of the circuit court shall give notice of the hearing by publication in accordance with IC 5-3-1. The notice shall be addressed to all persons who were originally assessed for the construction of the project.
(d) Any person owning land located in the area affected by the project may appear at the hearing and be heard, either in person or by the person’s attorney.
(e) If the court determines that a board of directors should be appointed and assessments should be imposed for the care, management, control, repair, and maintenance of the project, the court shall enter a judgment accordingly. If the court enters such a judgment, two (2) members of the board of directors shall be appointed by the county executive and one (1) member of the board of directors shall be appointed by the municipal executive. The three (3) appointed persons must be qualified under section 12 of this chapter.
(f) If the court determines that a board of directors should not be appointed, it shall dismiss the petition.
[Pre-Local Government Recodification Citations: 19-4-20-11; 19-4-20-12; 19-4-20-13; 19-4-20-14.]
As added by Acts 1981, P.L.309, SEC.104. Amended by Acts 1981, P.L.45, SEC.86; P.L.7-1983, SEC.40; P.L.84-2016, SEC.191; P.L.127-2017, SEC.367.