CHAPTER 8. BOARD OF APPRAISERS
IC 14-33-8
Chapter 8. Board of Appraisers
IC 14-33-8-1
Appointment; duties
Sec. 1. At the time of making the order approving the district plan
but not later than thirty (30) days following the completion of
construction of the works of improvement provided for in the district
plan, and upon petition of the board or of a freeholder whose land is
subject to the special benefits tax, the court shall appoint three (3)
competent, disinterested persons to constitute the board of appraisers
of the district. The board of appraisers has one (1) or both of the
following functions as the court in the order appointing the
appraisers directs:
(1) To determine the damages or limitation on special benefits
to real property in the district resulting from the carrying out of
the district plan, including the compensation to be paid the
owners and others having an interest in land that is needed by
the district, either in fee simple or by subjection to an easement.
The land or easement is considered appropriated to the use of
the district by the order of the court approving the district plan,
which is implemented by construction drawings, specifications,
and refined cost estimates on that part of the works of
improvement that damage the land. If a district plan is
implemented later, the land is considered appropriated to the
use of the district by the resolution of the board of directors
confirming the adoption of the construction drawings,
specifications, and refined cost estimates as provided by
IC 14-33-6-10. The board of appraisers shall base the appraisal
of damages on the date the land is considered appropriated.
Land or easements are considered appropriated by the order of
the court or the resolution of the board of directors only if the
owner of the land is notified in the manner provided by
IC 14-33-2-12 stating that the district plan or construction
drawings and specifications contemplate the appropriation of
the owner's land or easement.
(2) To determine the existence and amount of exceptional
benefits that accrue to real property in the district due to the
execution of the district plan.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-2
Oath; quorum; vacancies; compensation
Sec. 2. (a) Before beginning the duties, each appraiser must take
and subscribe to an oath that the appraiser will faithfully and
impartially discharge the duties.
(b) A majority of the board of appraisers constitutes a quorum,
and a quorum is sufficient for decisions.
(c) Each appraiser holds office until excused by the court, and the
court shall fill all vacancies in the board of appraisers resulting from
being excused, resignation, or inability to serve.
(d) The court shall determine and approve the compensation of
each of the appraisers and shall base the compensation on the work
performed and the professional qualifications of each appraiser. The
compensation shall be paid out of district money.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-3
Necessary assistance furnished to appraisers
Sec. 3. The board of directors shall furnish necessary assistance
to the appraisers, including the services of the attorney, engineer,
secretary, and other agents and employees of the board of directors.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-4
Damages; eminent domain
Sec. 4. If the board of appraisers has the function of determining
damages, the board of directors may continue to make settlement
directly with the persons who own or have an interest in all or any
real property needed by the district. The board of directors also may
acquire any needed real property or easement by eminent domain
proceedings according to statute.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-5
Appraisal of damages to property
Sec. 5. (a) In determining damages, the board of directors shall
give the appraisers the description of land needed in fee simple and
of land over which an easement is needed. If an easement is
designated by the board of directors, the purpose and extent of the
easement must be definitely stated.
(b) The appraisers shall do the following:
(1) Appraise the real property and the amount of damages.
(2) Make a report to the court of the findings.
(c) If the board of appraisers does not return an appraisal of
damages to real property, that constitutes a finding that damages will
not be sustained by that real property.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-6
Determination of exceptional benefits
Sec. 6. If the board of appraisers has the function of determining
the existence and amount of exceptional benefits, the appraisers shall
become familiar with the details of the district plan and the real
property affected by the district plan. In making the determinations,
the appraisers must give due consideration and credit to the
following:
(1) Any other works of improvement already constructed or
under construction.
(2) Contributions that form a useful part of the work of the
district according to the district plan.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-7
Exceptional benefits from flood prevention and control or
improved drainage
Sec. 7. (a) In determining the existence and amount of exceptional
benefits resulting from the accomplishment of the purpose of:
(1) flood prevention and control;
(2) improving drainage; or
(3) both;
for a district having a district plan incorporating a watershed work
plan prepared in cooperation with the United States Secretary of
Agriculture under the federal Watershed Protection and Flood
Prevention Act, as amended (16 U.S.C. 1001 et seq.), the appraisers
shall be guided in their determination of what real property receives
exceptional benefits by the studies of the United States Natural
Resources Conservation Service regarding land to be benefited that
have been incorporated onto a map of the watershed and made a part
of the district plan.
(b) The only other real property that the appraisers may consider
as exceptionally benefited is real property that has a higher and better
use as an incidental result of the works of improvement.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-8
Exceptional benefits from sewage collection, treatment, and
disposal
Sec. 8. (a) In determining the existence and amount of exceptional
benefits resulting from the purpose of sewage collection, treatment,
and disposal, the appraisers shall consider as exceptionally benefited
the following:
(1) Real property that would not pay special benefits taxes for
the support of the system.
(2) Real property that requires greater capacity of collecting or
treating equipment because of intensive use.
(b) The determination of exceptional benefits from the
accomplishment of this purpose is always subject to amendment or
supplement as a result of changed land use.
(c) Exceptional benefits may be assessed on an annual basis as
long as the exceptional conditions exist.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-9
Report of findings
Sec. 9. The board of appraisers shall make a report of the findings
to the court as the court orders. All the findings concerning both
damages and exceptional benefits may be made in one (1) report or
in separate reports at different times. In addition, the report may be
made for damages or exceptional benefits, or both, periodically as
the district plan is implemented.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-10
Contents of report
Sec. 10. (a) The report of the board of appraisers must state the
following:
(1) The name of the record owner of the real property
appraised.
(2) If damages are assessed, the following:
(A) The names of other persons entitled to share in the
award.
(B) The best known mailing address of the persons.
(C) A description of the property appraised.
(D) The amount of damages or exceptional benefits, or both.
(b) An error in:
(1) the names or addresses of the owners or other persons; or
(2) the descriptions;
does not invalidate the appraisal or the levy of assessments if a
sufficient description is given to identify the land.
(c) A majority of the board of appraisers shall sign the report.
(d) One (1) copy of the report shall be filed in the office of the
district.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-11
Sewer main installation as exceptional benefit
Sec. 11. The board of appraisers may report, subject to the finding
and approval of the court, that an increase in fair market value of real
property caused by the installation of a sewer main through or
adjacent to the property is an exceptional benefit to the property
regardless of the use of the sewer main by the owners or occupiers
of the property.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-12
Hearing; notice
Sec. 12. (a) Upon the filing of each report of the board of
appraisers with the court, the court shall set a date for hearing on the
report.
(b) The court shall order notice of the hearing on the report of the
board of appraisers as follows:
(1) By at least one (1) publication in one (1) newspaper of
general circulation in each county having land in the district at
least thirty (30) days before the date of the hearing on the
report.
(2) To each freeholder owning land named in the report and to
each person who is named in the report by mail at least twenty
(20) days before the date of the hearing, first class postage
prepaid, according to the records of the county auditor.
(3) By mail to the office of the district at least twenty (20) days
before the date of the hearing, first class postage prepaid.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-13
Acceptance of appraisal; acquiescence in failure to appraise
damages; exceptions
Sec. 13. (a) A freeholder who owns land in the district or any
person may accept the appraisal of the board of appraisers of
exceptional benefits or damages to real property:
(1) to be taken or used; and
(2) in which the person is an interested person.
(b) The same owner or person may acquiesce in the failure of the
board of appraisers to appraise damages in favor of the interested
person. The owner or person is considered to have acquiesced in the
failure to appraise damages unless, within the time limit prescribed
by the notice of hearing on the report of the board of appraisers, the
interested person files an exception to the appraisers' report
specifying in the exceptions:
(1) the appraisal of exceptional benefits or damages; or
(2) the land or easement to be taken in which the owner or
person is an interested person.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-14
Exceptions to board of appraisers' report
Sec. 14. The board of directors may, within the time limit
prescribed by the notice of hearing on the report of the board of
appraisers, file exceptions to the report of the board of appraisers
specifying in the exceptions:
(1) the appraisal of exceptional benefits or damages; or
(2) the land or easement to be taken that the board of directors
complains as being excessive.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-15
Board's determinations as prima facie correct
Sec. 15. The determinations of the board of appraisers is
considered prima facie correct. A person excepting is entitled to open
and close.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-16
Amendment of board's report; court order
Sec. 16. (a) At the hearing the court may order the report of the
board of appraisers amended to conform with the evidence. The court
then shall enter an order:
(1) dismissing the report; or
(2) approving the report.
(b) An appeal of the order may be made to the supreme court
within thirty (30) days.
As added by P.L.1-1995, SEC.26.
IC 14-33-8-17
Approval of report; payment of appraisal; possession of
appropriated property
Sec. 17. When the report of the board of appraisers regarding
damages is approved by the court, the board of directors may do the
following:
(1) Pay to the clerk of the court the amount of the appraisal.
(2) Take possession of and hold the interest in the real property
appropriated.
As added by P.L.1-1995, SEC.26.