Sec. 16. (a) If the works board determines that property not specially benefited or damaged has been included within boundaries described in the petition, the works board shall do the following:

(1) Redefine the boundaries of the district and include in the works board’s resolution only the property that is specially benefited or damaged.

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Terms Used In Indiana Code 36-9-38-16

  • 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
(2) Establish the district with the boundaries as redefined.

     (b) The works board shall fix a date for a further hearing if the works board determines that:

(1) less than all of the property specially benefited or damaged has been included within the boundaries described in the petition; or

(2) less than all of the property specially benefited or damaged has been included within the boundaries described in the petition and some property that is not specially benefited or damaged has been included.

     (c) Notice of the further hearing, describing the proposed revised boundaries, shall be given in the manner prescribed by section 13 of this chapter. However, notice by mail shall be given only to the owners of real property in an area that is proposed to be added to the district and that was not included in the initial petition.

     (d) At the further hearing, all owners of real property within the proposed district boundaries or the owners’ representatives are entitled to be heard. The works board shall then adopt a resolution on the establishment of the district.

As added by P.L.98-1993, SEC.9.

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