Indiana Code 14-30.5-5-3. Special assessment collection procedures
(1) Add the amount of the special assessment.
Terms Used In Indiana Code 14-30.5-5-3
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(3) Indicate that the full annual assessment is due in the year in which the statement is sent to the owner of the taxable parcel.
(b) A special assessment imposed under section 1(b), 1(c), 1(d)(2), or 1(d)(3) of this chapter shall be collected in the same manner as other special assessments are collected under IC 6-1.1. However, a delinquent special assessment is not subject to enforcement under IC 6-1.1-24 and IC 6-1.1-25. The following apply to the enforcement of a special assessment:
(1) The assessment is not the personal obligation of the owner of the taxable parcel affected by the assessment.
(2) A special assessment constitutes a lien against the taxable parcel.
(3) The lien described in subdivision (2) is superior to all other liens except tax liens and first lien mortgages.
(c) At the time of each annual tax settlement, the county auditor shall certify the amount of the special assessments collected.
(d) The county auditor shall do the following:
(1) In the case of special assessments imposed under section 1(b) or 1(c) of this chapter, the county auditor shall pay the total amount of the special assessments collected under this section to the watershed development commission for deposit under section 6 of this chapter.
(2) In the case of a county in which the fiscal body adopts a resolution to impose special assessments under section 1(d)(2) of this chapter, the county auditor shall do the following:
(A) Retain from the special assessments collected under this section for the county’s use under section 5 of this chapter an amount equal to ten percent (10%) of the amount that would otherwise be due under section 1(b) of this chapter in the annual special assessment against taxable parcels of real property in the county that are located within any part of the watershed development commission’s designated watershed.
(B) Pay the remainder of the special assessments collected under this section to the watershed development commission for deposit under section 6 of this chapter.
(3) In the case of a county in which the fiscal body adopts a resolution to impose special assessments under section 1(d)(3) of this chapter, the county auditor shall do the following:
(A) Retain from the special assessments collected under this section the following amounts for the county’s use under section 5 of this chapter:
(i) The total amount of the special assessments imposed under section 1(d)(3) of this chapter that exceeds the amount that would otherwise be due in the annual special assessment against taxable parcels of real property in the county under section 1(b) or 1(c) of this chapter.
(ii) An amount equal to ten percent (10%) of the amount that would otherwise be due in the annual special assessment against taxable parcels of real property in the county under section 1(b) or 1(c) of this chapter.
(B) Pay the remainder of the special assessments collected under this section to the watershed development commission for deposit under section 6 of this chapter.
(e) The county auditor shall make the payments to the watershed development commission required by subsection (d) on the dates of the June and December settlement and apportionment of property taxes collected under IC 6-1.1.
As added by P.L.251-2023, SEC.13.