§ 34-13-6-7 Increase in damages or reduction in assessment of benefits; liability of city; costs of appeal

Codes > Indiana Code > Title 34 > Article 13 : Chapter 6 > 34-13-6-7 Increase

34-13-6-7 Increase in damages or reduction in assessment of benefits; liability of city; costs of appeal

    Sec. 7. (a) If on appeal:

    (1) the amount of an award of damages is increased; or

    (2) the amount of an assessment of benefits is reduced;

    the municipality is liable to the plaintiff for the increase in the award of damages and is liable to the party entitled to them for a reduction in the assessment of benefits.

    (b) The amounts, costs, and expense, if the appeal is taken from the board of public works or the board of public works and safety, shall be paid by the board out of funds appropriated by the common council or city-county council for that purpose, or as otherwise provided by statute.

    (c) The council shall make all necessary appropriations as provided by statute to enable the board to make all payments required by this chapter, if not otherwise provided by statute and available for these purposes.

    (d) If the appeal is taken from the board of park commissioners of a city, then the amounts, costs, and expenses shall be paid by the board out of its general fund, or as otherwise provided by statute.

    (e) If the appeal is taken from the legislative body, other body, or an official of a municipality, the amounts required to comply with the court's order and judgment shall be appropriated and paid in any manner authorized by statute.