Findings of court; judgment; costs; damages; assessment of
benefits
Sec. 5. (a) If the court finds that the action or decision of the
board or council appealed from should in all things be affirmed, its
judgment must state that, naming the board or council and the
proceedings in which the appeal is taken. Judgment for costs shall
then be rendered against the party appealing.
(b) If the court finds that the action or decision of the board or
council appealed from should not be affirmed in all things, then the
court shall make a general finding, setting out, however, sufficient
facts to show the nature of the proceeding and the court's decision on
it. The court shall then render judgment on all matters properly
involved in the appeal, adjudging specifically the amount of the
award of damages or the amount of the assessment of benefits found
by the court to be due to each lot, parcel, or description or property
involved in the appeal and adjudging that the award or assessment is
payable as provided by statute.
(c) The court shall render judgment on other matters involved
where the particular appeal allowed by a statute does not relate to the
award of damages or the assessment of benefits.
(d) The court shall also render judgment on the costs of the appeal
as the facts and law require.
(e) If the appeal involves the amount of an award of damages or
the amount of an assessment of benefits, or both, the court shall
include an order, if appropriate, for the issuance of a certificate of
damages, bearing legal interest from the date of issuance, to the
person entitled to it upon all the terms and conditions that are
provided by the applicable statute. If the appeal involves benefits, the
court shall permit the assessment of benefits to be paid in full, or a
written waiver may be executed and filed for paying it in ten (10)
annual installments, with legal interest payable, and upon all other
terms and conditions that are provided by the applicable statute. All
of this must be done within thirty (30) days after the date on which
the clerk of the court certifies the order and judgment for
transmission to the board or council. If an assessment of benefits is
not paid or a waiver executed and filed as provided before the
expiration of the thirty (30) day period, the assessment becomes
delinquent and is subject to all penalties and to collection as is
provided by the applicable statute.
As added by P.L.1-1998, SEC.8.
Last modified: May 24, 2006