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14-33-6-6. Findings by court; referral of plan back to board

IN Code § 14-33-6-6 (2019) (N/A)
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Sec. 6. (a) At the hearing the court shall make findings on the following:

(1) Whether the district plan is necessary, proper, and feasible for the accomplishment of each purpose for which the district is established.

(2) If the purpose of the district is other than water supply or sewage disposal, whether the estimated benefits to be received in the district will exceed the estimated costs and damages of the plan.

(3) If the purpose of the district is water supply or sewage disposal, or both, whether the public health and convenience is served.

(4) Whether compatibility with water projects listed in IC 14-33-2-17 is reasonably assured.

(b) If the court finds a plan lacking under subsection (a), the court shall refer the plan back to the board for changes that are necessary. The board has:

(1) one hundred twenty (120) days; or

(2) another period that the court orders;

to prepare and submit a new plan. The procedure for approval and order for hearing, notice, and making findings is the same as for the original submissions.

(c) If the court finds that a plan meets all the criteria of subsection (a), the court shall approve the plan.

[Pre-1995 Recodification Citation: 13-3-3-54.]

As added by P.L.1-1995, SEC.26.

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14-33-6-5. Plan filed with court; hearing; notice
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