Sec. 35. (a) In a proceeding prosecuted by the board to condemn or appropriate: (1) land; (2) the use of land; or (3) a right in land; for purposes permitted by this chapter, the board and all owners and holders of property or rights in property sought to be taken are governed by and have the same rights concerning procedure, notices, hearings, assessments of benefits and awards, and payments of benefits and awards that are prescribed by law for the appropriation and condemnation of real property. (b) The property owners have the same powers and rights to: (1) remonstrate; and (2) appeal; to the circuit or superior courts with jurisdiction in the county in which the district is located that are provided by law for the appropriation and condemnation of real property. (c) An appeal: (1) only affects the amount of the assessment of awards of the person appealing; and (2) shall be taken in conformity with the laws relating to appeals. However, the payment of all damages awarded for land, property, or interests or rights in property appropriated under this chapter shall be paid entirely out of money under the control of the board. [Pre-1995 Recodification Citation: 13-2-31-18(c).]
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