1. (a) At:

   1. (1) the time fixed for the hearing; or

   2. (2) any time before that;

      any person owning real or personal property within the district may file a written remonstrance with the board.

2. (b) At the hearing, which may be adjourned as necessary, the board shall hear all persons interested in the proceedings and all remonstrances filed.

3. (c) After considering the remonstrances, the board shall:

   1. (1) take final action determining the public utility and benefit of the proposed proceedings; and

   2. (2) either:

      1. (A) confirm;
      2. (B) modify and confirm; or

      3. (C) rescind;

         the resolution.

4. (d) The final action of the board shall be recorded.

5. (e) The action of the board is final and conclusive upon all persons. However, any person who:

   1. (1) has remonstrated in writing; and

   2. (2) is aggrieved by the decision of the board;

      may take an appeal as provided in section 5 of this chapter.

      [Pre-1996 Recodification Citation: 13-9.5-9-3(c).]

As added by P.L.1-1996, SEC.11.