1. (a) If a remonstrance is sustained by the court, the court may modify and equalize the assessments, as justice requires, by doing the following:

   1. (1) Diminishing the assessments on some tracts and increasing the assessments on other tracts.
   2. (2) Giving or withholding damages.

2. (b) For purposes of this section each person whose land is:

   1. (1) reported as affected; or

   2. (2) stated in the petition as affected;

      is considered to be in court by virtue of the notices originally given to the parties on the pendency of the petition.

3. (c) If:

   1. (1) the land described in the petition as affected by the proposed work; and

   2. (2) the surveyor has reported the land as neither benefited nor damaged;

      the court may, if the facts and justice warrant, make assessments against the land.

4. (d) The assessments as changed, modified, equalized, or made are valid.

   [Pre-1995 Recodification Citation: 13-2-18-12 part.]

As added by P.L.1-1995, SEC.19.