Section 14-26-8-31 - Remonstrance against surveyor's final report; modification of assessments(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.