§ 11-36-206. Protests - Determination of sufficiency - Effect of protests on the improvement.

A.  Protests which have been filed in accordance with Section 36-204 of this title shall be heard and considered at the hearing on the proposed improvement.  The hearing may be continued from time to time so that all protestants may be heard.

B.  The findings of the governing body as to the sufficiency or insufficiency of any protest shall be conclusive and binding for all purposes and against all persons.  At any hearing on such protests, the governing body may compel the attendance of witnesses under oath to determine the sufficiency thereof, and no action or suit to question the findings of the governing body on the sufficiency of the protests shall be commenced later than fifteen (15) days after the finding.

C.  Any number of streets, avenues, lanes, alleys or other public places, or parts thereof, to be improved may be included in the resolution of necessity; but protests or objections shall be made and considered separately as to each street or way.  For the purpose of protest, disconnected parts of the same street shall be treated as separate streets.

D.  If any street, avenue, lane, alley, or other public place, or part thereof, has been protested by the owners of more than fifty percent (50%) of the land liable to assessment for the improvement, the municipal governing body shall not include the same in proceedings hereunder for a period of six (6) months except upon petition by the owners as provided in Section 36-202 of this title.

E.  If sufficient protests are filed as to any one or more of such streets, avenues, lanes, alleys or public places, or parts thereof, the same shall be eliminated from the proceedings, but the other streets, avenues, lanes, alleys or other public places, or parts thereof, as to which sufficient protests have not been filed shall not be affected thereby.

F.  Notwithstanding any of the provisions of this section, when a section of any street or avenue included in the resolution of necessity does not exceed two (2) blocks, and does not exceed one thousand (1,000) feet in length and at the ends or limits of the section to be improved there is paving already constructed on and along the street or avenue to be improved, the governing body may cause such improvement to be constructed and to charge the cost thereof to the property liable for assessment as herein provided regardless of the number of protests that are filed against the proposed improvement of such section, street or avenue.

Laws 1977, c. 256, § 36-206, eff. July 1, 1978.