reglab/housing_qa huggingface dataset:
IN Code § 36-9-36-35 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-35. Delivery of Primary Assessment Roll; Payment of Assessments to Disbursing Officer

Sec. 35. (a) The works board shall deliver a certified copy of the assessment roll completed under section 34 of this chapter to the disbursing officer of the unit after the works board:(1) approves and accepts the entire work under any contract; and(2) allows a final estimate.(b) The duplicate assessment roll, to be known as the primary assessment roll, must show the following:(1) The amount due on each piece of property if paid in cash within the time limit.(2) The amount of waivers filed.(c) The primary assessment roll must also have an appropriate column in which payments may be properly credited by the disbursing officer.(d) This subsection does not apply to a county. All assessments, regardless of whether the assessments are payable in installments, are payable to the disbursing officer. The disbursing officer shall receive the payments, give proper receipts, and enter the proper credit.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-36 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-36. Assessment Installments; Notice When Due

Sec. 36. (a) Upon receipt of the primary assessment roll, the disbursing officer shall by mail notify each affected person of the amount of the assessment against the person's property.(b) The notice must state when the assessment is due, or when the assessment installments are due.As added by P.L.98-1993, SEC.7. Amended by P.L.62-2001, SEC.2.
IN Code § 36-9-36-37 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-37. Cash Payment of Assessments; Interest on Delinquencies

Sec. 37. (a) Except as provided in section 38 of this chapter, the entire assessment is payable in cash without interest not later than thirty (30) days after the approval of the assessment roll by the works board if an agreement has not been signed and filed under section 36 of this chapter.(b) If the assessment is not paid when due, the total assessment becomes delinquent and bears interest at the rate prescribed by IC 6-1.1-37-9(b) per year from the date of the final acceptance of the completed improvement by the works board.As added by P.L.98-1993, SEC.7. Amended by P.L.172-1994, SEC.1; P.L.67-2006, SEC.14; P.L.113-2010, SEC.154.
IN Code § 36-9-36-38 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-38. Appeal of Assessment; Payment by Property Owner Following Court Certification

Sec. 38. (a) If a property owner appeals the assessment made against the owner's property to the circuit court or superior court, the clerk of the court shall certify the judgment of the court to the unit's disbursing officer. The disbursing officer shall immediately notify the property owner of the amount of the assessment fixed by the court.(b) The property owner has thirty (30) days from the date the notice is sent to:(1) pay the assessment in cash; or(2) elect to pay the assessment in installments by entering into an agreement under section 36 of this chapter.(c) The unit shall then issue bonds in the amount of the assessment fixed by the court. The bonds must bear the date of the final acceptance of the work.(d) The assessment bears interest as follows:(1) From the date of the final acceptance of the work.(2) At a specified rate per year that is not less than the interest rate specified for installments under section 36 of this chapter.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-39 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-39. Appeal of Assessment; Payment of Part Ordered to Be Assessed Against Unit

Sec. 39. The following applies to any part of the assessment that the court orders to be assessed against the unit:(1) The assessment bears interest:(A) from the date of the final acceptance of the work; and(B) at a specified rate per year that is not less than the interest rate specified for installments under section 36 of this chapter.(2) The assessment may be paid by the unit in any manner provided by law for paying other assessments against the unit for similar work.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-40 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-40. Assessment Liens

Sec. 40. (a) The unit has a lien against each parcel of real property that is assessed for:(1) the construction, maintenance, or repair of an improvement; or(2) the taking of lands for any purpose of the unit.(b) The lien is established when the assessments are certified to the disbursing officer for collection. The unit may bring a foreclosure action to enforce the lien against a person who defaults in payment of the assessment.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-41 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-41. Installment Payment Procedure; Proceeds Constituting Special Fund for Payment of Improvement; Diversion Prohibited

Sec. 41. (a) The disbursing officer of the unit shall do the following:(1) Receive the payment of assessment installments.(2) Keep all accounts and give proper vouchers for the payment of assessment installments.(b) Proceeds arising from assessments for the payment of a particular improvement may not be diverted to the payment of any other improvement.(c) The proceeds from assessments for the payment of a particular improvement constitute a separate special fund for the following:(1) The payment of contractors for the particular work, upon the allowance of estimates by the works board.(2) The security and payment of any bonds issued in anticipation of the collection of the assessments for the improvement, including debt service reserves to secure the payment of the bonds.(3) The payment of expenses incurred by the unit in performing the unit's duties under this chapter, IC 36-9-37, IC 36-9-38, and IC 36-9-39 (or under IC 36-9-18 through IC 36-9-21, before the repeal of those provisions in 1993), including expenses, duties, and costs associated with the issuance, sale, or payment of the bonds.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-42 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-42. Notice; Payments to Bond Owner; Process Collectable by Fiscal Officer

Sec. 42. If a bond owner receives a payment of interest or principal, or both, that was to have been collected under this chapter (or under IC 36-9-18 before its repeal in 1993) by the fiscal officer of a unit, the bond owner shall notify the fiscal officer of the payment.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-43 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-43. Delinquent Installments; Acceleration; Foreclosure of Lien; Notice of Delinquency

Sec. 43. (a) Failure to pay an installment of principal or interest when the installment is due makes all installments of principal yet unpaid due and payable immediately, unless the unpaid installment of principal or interest is paid within the grace period provided.(b) If the unit fails to collect an unpaid assessment or installment when due, liability does not accrue against the unit. However, the owner of the bonds or the person to whom the amount of the unpaid assessment for the performance of the work is due and owing is entitled to proceed in court to do the following:(1) Enforce the lien or the unpaid assessment.(2) Recover interest, costs, and reasonable attorney's fees.(3) Have the proceeds of sale applied to the owner's or person's claim.(c) If a person defaults in the payment of an installment of principal or interest, the disbursing officer shall mail a notice of the delinquency to the person in accordance with IC 36-9-37 regardless of whether a waiver has been signed. A notice mailed to the person in whose name the lands are assessed, addressed to the person within the unit, is sufficient notice. The person is not liable for attorney's fees unless an action is actually brought on the assessment.(d) An action to collect an unpaid assessment may not be brought until the notice required by subsection (c) has been given.(e) An action for foreclosure must be commenced not more than five (5) years after the cause of action accrues.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-44 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-44. Bonds in Anticipation of Assessment Proceeds; Authorization

Sec. 44. (a) The works board may issue bonds in anticipation of the collection of the assessments for an improvement. Except as provided in subsections (b) and (c), the bonds shall be issued and sold in the manner prescribed for other bonds of the unit. A unit issuing bonds under this section is not required to attach coupons to the bonds.(b) The works board may provide for the issuance of the bonds directly to the contractor in the works board's preliminary resolution for the improvement. If direct issuance is authorized by the resolution, the disbursing officer shall issue the bonds directly to the contractor.(c) The works board may by resolution choose to:(1) sell the bonds by negotiated private sale to a financial institution; and(2) remit the proceeds of the sale to the contractor.(d) The following applies after the issuance of bonds:(1) An action to enjoin the collection of an assessment or to challenge the validity of the bonds or the sale of the bonds may not be brought.(2) The validity of the assessment may not be questioned.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-45 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-45. Bonds; Date; Tax Exemption

Sec. 45. (a) This section applies only to municipalities.(b) Bonds issued in anticipation of the collection of assessments for an improvement must bear the date of the completion of the improvement under the contract and the acceptance of the improvement by the works board. The bonds draw interest from that date.(c) The bonds are exempt from taxation for all purposes.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-46 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-46. Bonds; Maturation; Interest Rate

Sec. 46. (a) The works board may provide in the preliminary resolution that the bonds issued in anticipation of the collection of the assessments shall be issued so as to mature not less than ten (10) years and not more than thirty (30) years from the date of issuance.(b) The interest on the bonds shall be payable semiannually from the date of issue. The works board shall fix the rate of interest on the bonds issued.(c) Bonds issued in the manner described in subsection (a) shall mature serially, so that some bonds mature each year until the final maturity date of the issue is reached. The terms of the bonds may allow early redemption of the bonds in the event of and to the extent of prepayment of the assessments in anticipation of which the bonds were issued.(d) The works board must issue the bonds to mature as provided under subsection (c) if a petition requesting the bonds to mature in that manner is filed by a majority of the resident property owners affected by the improvement not later than sixteen (16) days after the resolution is first published.As added by P.L.98-1993, SEC.7. Amended by P.L.62-2001, SEC.3.
IN Code § 36-9-36-47 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-47. Transfer of Assessment Liens to Bond Owners

Sec. 47. (a) Bonds issued in anticipation of the collection of assessments convey and transfer to the owner of the bonds all interests in the assessments and liens upon the respective lots or parcels of land.(b) The liens stand as security for the bonds and interest until the bonds and interest are paid. A bond owner has full power to enforce the lien by foreclosure in court as provided in this chapter if the bond or interest is not paid when presented to the disbursing officer.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-48 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-48. Bond Owners; Foreclosure Actions; Procedure

Sec. 48. (a) Except as provided in subsection (b), sales to satisfy the bonds and interest shall be made as provided in this chapter for sales upon judgments or decrees foreclosing liens for assessments levied for improvements.(b) The first bondholder who brings a foreclosure action against the property or any part of the property is entitled to have the proceeds of the action applied pro rata to the payment of that bondholder's own bonds and of bonds held by others.(c) Only one (1) foreclosure action may be brought against one (1) lot or parcel of land. However, all lots or parcels of land against which the assessments are in default may be joined in one (1) proceeding.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-49 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-49. Sale of Property Following Foreclosure Action; Amount

Sec. 49. (a) The property upon which the assessment is placed may not be sold for less than the amount of the assessment, attorney's fees, and costs. The proceeds of the sale shall be distributed as provided in this chapter.(b) If the property sells for an amount greater than the amount necessary to pay the principal, interest, attorney's fees, and costs, the excess amount shall be paid to the property owner or party lawfully entitled to that excess amount.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-50 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-50. Negotiability of Bonds

Sec. 50. (a) The bonds issued in anticipation of the collection of assessments are negotiable instruments and are free from all defenses by property owners.(b) It is not necessary that the bonds include language describing the actions taken in ordering the improvement or directing the assessment. The bonds may instead include a general reference to this chapter.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-51 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-51. Foreclosure Actions by Contractors

Sec. 51. (a) This section applies to a contractor that is entitled to enforce liens or assessments.(b) The contractor or the contractor's assignee may bring an action against a person who has defaulted in payment of an assessment to foreclose the lien established by the assessment.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-52 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-52. Foreclosure Actions; Complaint; Proof

Sec. 52. (a) The complaint for a foreclosure action under this chapter need not set forth the specific proceedings leading to the final assessment. However, the complaint must include the following information:(1) The date on which the contract for the improvement was finally let.(2) The name of the improvement.(3) The amount and date of the assessment.(4) A statement that the assessment is unpaid.(5) A description of the property on which the assessment was levied.(b) At the trial of a foreclosure action, the plaintiff is not required to introduce proof of the proceedings before the works board leading to the final assessment. However, the plaintiff must introduce the final assessment roll or a copy of the final assessment roll. The final assessment roll or the copy of the final assessment roll must be properly certified.(c) The final assessment roll or the copy is presumptive evidence that the works board took all actions required to be taken in making the final assessment.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-53 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-53. Foreclosure Actions; Defenses

Sec. 53. (a) A defense to a foreclosure action may not be based on any of the following:(1) Any irregularity in the proceedings making, ordering, or directing the assessment.(2) The propriety or expediency of any improvement.(b) A property owner may not raise any defense to a foreclosure action if the owner has done the following:(1) Exercised the option to pay the owner's assessment in installments.(2) Signed a waiver.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-54 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-54. Foreclosure Actions; Amount of Recovery; Sale Procedure

Sec. 54. (a) In a foreclosure action brought under this chapter, the plaintiff is entitled to recover the amount of the assessment, principal and interest, and reasonable attorney's fees. The court shall order the sale to be made without relief from valuation or appraisement law.(b) The county sheriff shall sell the property in the same way that lands are sold on execution. The sheriff shall, not later than five (5) days after the sale, execute a certificate of sale to the purchaser. The certificate of sale vests title in the purchaser when the certificate of sale is delivered. Title vested by a certificate of sale is subject only to the right to redeem under section 55 of this chapter.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-55 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-55. Foreclosure Sales; Irregularities; Redemption

Sec. 55. (a) An irregularity or error in making a foreclosure sale under this chapter does not make the sale ineffective, unless the irregularity or error substantially prejudiced the property owner.(b) A property owner has two (2) years from the date of sale in which to redeem the owner's property. The property owner may redeem the owner's property by paying the principal, interest, and costs of the judgment, plus interest on the principal, interest, and costs at the rate prescribed by IC 6-1.1-37-9(b).(c) If the property is not redeemed, the sheriff shall execute a deed to the purchaser. The deed relates back to the final letting of the contract for the improvement and is superior to all liens, claims, and interests, except liens for taxes.As added by P.L.98-1993, SEC.7. Amended by P.L.67-2006, SEC.15; P.L.113-2010, SEC.155.
IN Code § 36-9-36-56 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-56. Foreclosure Actions; Parties; Appearances; Disposition of Proceeds

Sec. 56. (a) In a foreclosure action under this chapter, other than a foreclosure action in which the unit is the plaintiff, the plaintiff must do the following:(1) Name the officer who has custody of the improvement funds of the unit as a party defendant.(2) Name that officer as custodian of the improvement assessment fund of the unit.(b) The officer described in subsection (a) shall then notify the attorney of the unit to appear in the action.(c) The fiscal officer of the unit shall do the following:(1) Trace the proceeds of the foreclosure so that proceeds arising from assessments for the improvement of a particular project are not diverted to the payment of any other improvement.(2) Ensure that in each case the judgment proceeds constitute a special fund for the payment of contractors or bondholders for the particular work.(d) The judgment proceeds shall be allocated to the proper public improvement fund for pro rata distribution to the bondholders or contractors who are entitled to those proceeds.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-57 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-57. Foreclosure Actions; Payment of Judgment; Costs and Attorney's Fees; Decree

Sec. 57. (a) The court costs and the attorney's fees allowed in foreclosure actions shall be paid directly to the clerk of the court to satisfy that part of a judgment. The remainder of the judgment shall be paid directly to the disbursing officer for the benefit of the special improvement fund of the department that is entitled to the foreclosure proceeds.(b) The disbursing officer shall do the following:(1) Enter the payment under subsection (a) on the records and duplicates.(2) Satisfy the judgment docket as to the payment of the judgment.(c) The court decree of foreclosure must assign the duties described in subsection (b) to the disbursing officer.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-58 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-58. Foreclosure Actions; Copy of Complaint Forwarded to Disbursing Officer; Certification to Disbursing Officer of Dismissals and Sheriff's Sales

Sec. 58. (a) In every foreclosure action under this chapter, other than a foreclosure action in which the unit is the plaintiff, the plaintiff must forward to the disbursing officer a copy of the complaint that sets out, among other allegations, the following:(1) The name of the owner or owners being sued.(2) The description of the property.(3) The name of the improvement.(4) The number of the assessment roll.(b) The disbursing officer shall enter the facts upon the duplicate involving the litigated assessment while the action is pending.(c) All dismissals of foreclosure litigation and all proceedings of sheriff's sales in foreclosures of assessment liens shall be certified to the disbursing officer.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-59 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-59. Foreclosure Actions; Suspension of Collection of Assessments

Sec. 59. The following apply while a foreclosure action is pending:(1) The assessment may not be certified for collection.(2) Bills or statements for payments may not be given to anyone except the plaintiff or the plaintiff's attorney of record.As added by P.L.98-1993, SEC.7.