acquired, the manner of acquisition, and, in the case of an
appropriation, the other land that may be injuriously affected, or
describing the lands already acquired and intended to be used in
connection with the proposed work of improvement.
(c) If a work of improvement is provided for in the resolution, the
board shall have preliminary plans and specifications and an estimate
of the cost of the proposed work prepared by the engineer selected to
do the work. The resolution must be open to inspection by all persons
interested in or affected by the appropriation of land or the construction
of the work. The board shall have notice of the resolution and its
contents published in accordance with IC 5-3-1. The notice must state
a date on which the board will receive or hear remonstrances from
persons interested in or affected by the proceedings and on which it
will determine the public utility and benefit.
(d) Notice shall be sent by certified mail to each owner of land to be
appropriated under the resolution, using the owner's address as shown
on the tax duplicates. In addition, notice of the land to be appropriated
shall be published in accordance with IC 5-3-1. All persons affected in
any manner by the proceedings, including all taxpayers in the district,
are considered notified of the pendency of the proceedings and of all
subsequent acts, hearings, adjournments, and orders of the board by the
original notice by publication.
(e) In the resolution and notice, separate descriptions of each piece
or parcel of land are not required, but it is a sufficient description of the
property purchased, to be purchased, or to be appropriated or damaged
to give a description of the entire tract by a platted description or by
metes and bounds, whether the land is composed of one (1) or more
lots or parcels and whether it is owned by one (1) or more persons. If
the land or a part of it is to be acquired by purchase, the resolution must
also state the maximum proposed cost.
(f) The board may, at any time before the adoption of the resolution:
(1) obtain from the owner or owners of the land an option for its
purchase; or
(2) enter into a contract for its purchase upon the terms and
conditions that the board considers best.
The option or contract is subject to the final action of the board
confirming, modifying, or rescinding the resolution and to the
condition that the land may be paid for only out of the special fund
resulting from the sale of bonds as provided by this chapter.
(g) If the board decides to acquire any lots or parcels of land by
purchase, the board shall appoint three (3) two (2) qualified appraisers
to appraise its value the fair market value of the land. Each
appraiser must be professionally engaged in making appraisals or
be trained as an appraiser and licensed as a broker under
IC 25-34.1. The appraisers may not be interested directly or indirectly
in any land that is to be acquired under the resolution or that may be
injured or incur local benefits. The appraisers shall take an oath that
they have no interest in the matter and that they will honestly and
impartially make the valuation. They shall then view the land,
determine the true market value of it at that time, and report the
appraisal in writing. The appraisers shall return the appraisers'
separate appraisals to the board not more than thirty (30) days
after the date of their appointment. The report appraisals shall be
filed with and becomes become a part of the record of the proceeding.
(h) The board may not take an option on the land or enter into a
contract to purchase it at a higher price than the value named in the
report. greater than the average of the two (2) appraisals received
under subsection (g). The title to land to be acquired under the
resolution, whether by purchase or appropriation, does not vest until
the land is paid for out of the special fund established by the sale of
bonds as provided in this chapter. Any indebtedness or obligation of
any kind incurred by the board due to the acquisition of land or to
construction work shall be paid out of the funds under the control of the
board and are is not an indebtedness or obligation of the unit.
(i) At the time fixed for the hearing, or at any time before the
hearing, an owner of land to be appropriated under the resolution or
injuriously affected or a person owning real or personal property
located in the district may file a written remonstrance with the secretary
of the board.
(j) At the hearing, which may be adjourned from time to time, the
board shall hear all persons interested in the proceedings and all
remonstrances that have been filed. After considering the evidence, the
board shall take final action determining the public utility and benefit
of the proposed project by confirming, modifying, or rescinding the
resolution. The final action shall be recorded and is final and
conclusive upon all persons.".
(Reference is to HB 1161 as printed February 11, 2003.)