Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 20. A majority of the members of the board constitutes a quorum for a meeting. The board may act officially by an affirmative vote of a majority of the members present at the meeting at which the action is taken. [Pre-1995 Recodification Citation: 13-2-31-10(d).] As added by…

Sec. 21. The board shall have a written record of the board's proceedings kept. The record must be available for public inspection in the office of the board. The board shall record in the record the affirmative and negative vote on the passage of each item of business. [Pre-1995…

Sec. 22. The board shall adopt a system of rules of procedure under which the board's meetings are to be held. The board may suspend the rules of procedure by unanimous vote of the members of the board who are present at the meeting. The board may not suspend the rules of procedu…

Sec. 23. The board may supervise the board's internal affairs in the same manner as other municipal legislative and administrative bodies. [Pre-1995 Recodification Citation: 13-2-31-10(g).] As added by P.L.1-1995, SEC.20.

Sec. 24. (a) A member of the board may introduce a proposed draft of an ordinance at a meeting of the board. A person who introduces a proposed draft of an ordinance shall provide at the time of introduction a written copy of the proposed draft. (b) The board shall assign to each…

Sec. 25. (a) Not: (1) more than seven (7) days after the introduction of a proposed draft of an ordinance; and (2) less than seven (7) days before the final passage of a proposed draft of an ordinance; the board shall publish a notice that the proposed ordinance is pending final …

Sec. 26. At a meeting for which notice has been given as required by section 25 of this chapter, the board may: (1) take final action on the proposed ordinance; or (2) postpone final consideration to a designated meeting in the future without giving additional notice. [Pre-1995 R…

Sec. 27. The board may adopt a draft of an ordinance only at a meeting that is open to the public. Before adopting an ordinance, the board shall give opportunity to a person present at the meeting to give testimony, evidence, or argument for or against the proposed ordinance in p…

Sec. 28. Whenever the board adopts an ordinance, the board shall at the same meeting designate the effective date of the ordinance. If the board fails to designate the effective date of the ordinance in the record of the proceedings of the board, the ordinance takes effect fourte…

Sec. 29. (a) The board shall have copies of each ordinance made available to the public. (b) The board may provide for the printing of any of the ordinances of the authority in pamphlet form or in bound volumes. The board may: (1) distribute the pamphlets or volumes without charg…

Sec. 3. As used in this chapter, "gate" means any opening in a levee that can be closed mechanically to prevent the flow of water through the levee. [Pre-1995 Recodification Citation: 13-2-31-1 part.] As added by P.L.1-1995, SEC.20.

Sec. 30. The board may perform all acts necessary or reasonably incident to carrying out the purposes of this chapter, including the following powers: (1) To sue and be sued collectively by the board's name "__________ Levee Authority", with service of process being had on the pr…

Sec. 31. (a) Except as provided in subsection (b), in the letting of a contract for the repair or equipment of a levee under the control of the board, the board shall, when: (1) adopting plans; (2) giving notice; and (3) receiving bids; comply with statutes. (b) If: (1) an emerge…

Sec. 32. The board may take action the board considers proper to do the following: (1) Recover damages for the following: (A) The breach of an agreement, express or implied, relating to or growing out of the operation, control, leasing, management, or improvement of the property …

Sec. 33. (a) The board may do the following: (1) Exercise the power of eminent domain for the purpose of carrying out this chapter. (2) Award damages to landowners for real property and property rights appropriated and taken. (b) If the board cannot agree with the owner, lessee, …

Sec. 34. (a) This section applies to land or the surface of the ground on, over, and across which it is necessary or advisable to construct a levee as provided in this chapter that: (1) is already in use for any other public purpose; or (2) has been condemned or appropriated for …

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…

Sec. 36. (a) Notwithstanding this or any other statute, the city or district may take possession of property to be acquired at any time after the filing of the petition describing the property in condemnation proceedings. (b) The city or district may abandon the condemnation of p…

Sec. 37. Within sixty (60) days after land or interests in land is acquired or taken under this chapter, the board shall file and cause to be recorded in the recorder's office of the county in which the land is situated the following, which a majority of the board shall sign: (1)…

Sec. 38. (a) The board may issue general obligation bonds of the authority for the purpose of procuring money to pay the cost of: (1) acquiring real property or rights-of-way; or (2) constructing, enlarging, improving, remodeling, repairing, or equipping levees, gates, and pumpin…

Sec. 39. (a) The levee superintendent shall manage and supervise the preparation, advertisement, and sale of the bonds, subject to the authorizing ordinance. Before the sale of the bonds, the superintendent shall have notice of the sale published one (1) time each week for two (2…

Sec. 4. As used in this chapter, "levee" means any wall built along a stream to keep the stream from overflowing the banks. [Pre-1995 Recodification Citation: 13-2-31-1 part.] As added by P.L.1-1995, SEC.20.

Sec. 40. The provisions of IC 5-1 and IC 6-1.1-20 relating to the following apply to proceedings under this chapter: (1) The filing of a petition requesting the issuance of bonds and giving notice of the petition. (2) The giving of notice of determination to issue bonds. (3) The …

Sec. 41. (a) All bonds issued under this chapter or under IC 13-2-31 (before its repeal) are the direct general obligations of the authority issuing the bonds and are payable out of unlimited ad valorem taxes that shall be levied and collected on all the taxable property within t…

Sec. 42. (a) The board may authorize and make temporary loans in anticipation of the collection of taxes in the district actually levied and in course of collection for the fiscal year in which the loans are made. (b) The board must authorize the loans by ordinance and shall evid…

Sec. 43. (a) The board shall appoint a person to act as treasurer of the authority. The treasurer shall give bond in the amount and with the condition that the board prescribes and with surety to the approval of the board. The treasurer shall be appointed to serve for a term of o…

Sec. 44. The treasurer shall submit to the board annually, and more often if required by the board, a report of the accounts exhibiting the following: (1) The revenues, receipts, and disbursements. (2) The sources from which the revenues and money are derived. (3) The manner in w…

Sec. 45. The treasurer shall submit annually, and more often if required by the board, the records of accounts to a certified public accountant or firm of certified public accountants designated or selected by the board for audit. The accountant or firm shall prepare and submit a…

Sec. 46. (a) The board shall do the following: (1) Annually prepare a budget for the operation and capital expenditures of the authority. (2) Calculate the tax levy necessary to provide money for the operating expenditures necessary to carry out the powers, duties, and functions …

Sec. 47. The county treasurer shall assess and collect the tax levy as finally approved by the department of local government finance as other taxes are levied and collected. The county treasurer shall remit all taxes so collected to the treasurer of the authority. [Pre-1995 Reco…

Sec. 48. (a) The board may provide a cumulative building fund in compliance with IC 6-1.1-41 to provide for the erection of: (1) levees, gates, and pumping stations; or (2) other facilities or the addition to or improvement of the facilities on the levees; needed to carry out thi…

Sec. 49. The board shall act as a board of finance under the statutes relating to the deposit of public money by municipal corporations. [Pre-1995 Recodification Citation: 13-2-31-27.] As added by P.L.1-1995, SEC.20.

Sec. 5. As used in this chapter, "pumping station" means any place equipped with pumps for the purpose of lifting water over a levee wall and into the stream. [Pre-1995 Recodification Citation: 13-2-31-1 part.] As added by P.L.1-1995, SEC.20.

Sec. 50. The acquiring, establishment, construction, improvement, equipment, maintenance, control, and operation of levees under this chapter are declared to be: (1) a governmental function of general public necessity and benefit; and (2) for the use and general welfare of all th…

Sec. 51. All expenses incurred by the board necessary to be paid before the collection of taxes levied under this chapter shall be met and paid in the following manner: (1) The board shall periodically certify items of expense to the controller of the city directing the controlle…

Sec. 6. The: (1) city fiscal body; or (2) city fiscal body and the county fiscal body; may adopt an ordinance to establish a levee authority for the purpose of acquiring land, rights-of-way, and easements on which the board or the United States Army Corps of Engineers can constru…

Sec. 7. The board shall exercise the executive and legislative powers of the authority as provided by this chapter. [Pre-1995 Recodification Citation: 13-2-31-3.] As added by P.L.1-1995, SEC.20.

Sec. 8. (a) The board consists of three (3) members as follows: (1) Two (2) members shall be appointed by the city executive. (2) One (1) member shall be appointed by the board of commissioners of the county if the fiscal body of the county adopted an ordinance under section 6 of…

Sec. 9. To be eligible to be appointed as a member of the board, an individual must meet the following conditions: (1) Be at least eighteen (18) years of age. (2) Be a resident householder of the city if appointed by the city executive. (3) Be a resident of the county. [Pre-1995 …

Sec. 1. Notwithstanding any other law to the contrary, a person may not construct, install, or undertake a work of any nature that is designed to regulate or control the streams or other water of Indiana for the purpose of preventing floods caused by excessive precipitation or ot…

Sec. 2. If the federal government or an agency of the federal government develops plans for flood control affecting Indiana or a part of Indiana, the department may: (1) approve the plans; and (2) permit the use of the plans in the control of floods in Indiana. [Pre-1995 Recodifi…

Sec. 1. As used in this chapter, "adjacent land" means the area of land paralleling, but not necessarily contiguous to, a river needed to preserve, protect, and manage the natural, scenic, or recreational character of the river. [Pre-1995 Recodification Citation: 13-2-26-3(g).] A…

Sec. 10. In all planning for the use and development of water and related land resources of rivers in the system, including the construction of impoundments, diversions, realignments, riprap, roadways, crossings, channelizations, locks, canals, or other uses that change the chara…

Sec. 11. Use or development of water and related land resources of rivers in the system may not be approved if in the judgment of the commission the use or development may alter the original classification of a river in the system. [Pre-1995 Recodification Citation: 13-2-26-7.] A…

Sec. 12. (a) The director shall prepare and maintain a plan for the establishment, development, management, use, and administration of rivers in the system. The river system plan shall be included and becomes an integral part of the comprehensive state plans for water management …

Sec. 13. (a) As used in this section, "conservation easement" has the meaning set forth in IC 32-23-5-2. (b) As used in this section, "land use easement" means the granting of the right of the general public to use the adjacent land. (c) As used in this section, "scenic easement"…