New assessments where no contract let

Sec. 43. (a) If the surveyor is unable to let a contract and construct the proposed improvement for the estimated cost of construction, the surveyor shall report the fact to the court. (b) The court shall immediately order a new assessment of benefits and damages if requested in writing by at least two-thirds (2/3) of the original petitioners. (c) If the order for a new assessment is made: (1) the procedure provided for following the making of the original assessment shall be followed with respect to the new assessment and subsequent actions; and (2) the landowners have the same right to remonstrate and appeal as is provided for original assessments. [Pre-1995 Recodification Citation: 13-2-18-16.] As added by P.L.1-1995, SEC.19.