Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 44. The costs and expenses of an improvement petitioned for under this chapter shall be out of the county general fund or the general lake improvement fund as described in this chapter, except the part of the cost to be paid by the department. The costs and expenses include …

Sec. 45. (a) If the surveyor or the surveyor's deputy uses a car owned by the surveyor or the deputy or a hired conveyance in carrying out the improvement petitioned for under this chapter, the surveyor or deputy may include traveling expenses incident to the work at an amount fo…

Sec. 46. The viewers, other than the surveyors, the county commissioners, and the representative of the department, are entitled to the following: (1) Six dollars ($6) a day for expenses incurred in viewing the proposed improvement. (2) An amount for mileage at a rate determined …

Sec. 47. (a) Except as provided in subsections (b) and (c), the attorney's fees paid may not exceed four percent (4%) of the estimated cost of construction. (b) If an appeal is taken or other extra proceedings are conducted, the court may allow a reasonable additional amount for …

Sec. 48. (a) A payment may not be made for work done under this chapter until a verified bill has been: (1) presented to the surveyor; (2) approved by the surveyor; (3) filed with the auditor; and (4) allowed by the commissioners. (b) A partial payment may not be made to a contra…

Sec. 49. (a) The board of county commissioners of each county may establish a general lake improvement fund. The fund shall be used to pay for the construction of dams and other works to raise, stabilize, or maintain lake levels under this chapter. The fund includes the following…

Sec. 5. If the lake lies in at least two (2) counties, the surveyor of the county in which the greater or greatest area of the lake lies shall prepare the plans and specifications and the report required by this chapter. [Pre-1995 Recodification Citation: 13-2-18-2 part.] As adde…

Sec. 50. The fiscal body of a county concerned in work authorized in this chapter may, upon request of the board of county commissioners, approve the levy and collection of a tax upon all real property in the county to raise money to carry out this chapter. [Pre-1995 Recodificati…

Sec. 51. (a) The county surveyor in charge of a project established under this chapter shall, within ten (10) days after letting the contract for construction, carefully compute the entire cost of the improvement, including the following: (1) Incidental costs, expenses, and damag…

Sec. 52. The auditor of each county affected shall give notice by publication in a newspaper published in the county, not less than thirty (30) days before the day for payment of assessments, of the following: (1) That the assessment sheet has been prepared and placed in the hand…

Sec. 53. (a) The auditor shall then extend the assessments upon a special duplicate: (1) to be provided for the auditor at the expense of the county; (2) to be known as the lake duplicate; and (3) for recording all assessments under this chapter in the county. (b) Except as provi…

Sec. 54. (a) The provisions of this chapter permitting the payment of assessments in installments do not apply to assessments of less than twenty-five dollars ($25). (b) If: (1) one (1) landowner owns more than one (1) tract of land; and (2) an assessment of less than twenty-five…

Sec. 55. An assessment constitutes a lien upon the tracts or parcels of land and shall be collected at the same time and in the same manner as taxes are collected. After collection the assessments shall be deposited in the lake improvement fund or the county general fund. [Pre-19…

Sec. 56. (a) If an assessment, an installment, or a part of an assessment or installment is not paid when due, the failure to pay results in the same penalties as for the nonpayment of taxes. The land shall be placed upon the list of land to be sold at tax sale, and the land shal…

Sec. 57. (a) If: (1) a municipal corporation or other public corporation fails to pay an assessment for benefits or for property the municipal or other public corporation owns; and (2) there is not a provision for selling the property at tax sale; the municipal or other public co…

Sec. 58. (a) The amount of an assessment as made or approved and confirmed by the court is a lien upon the land assessed from the time the assessment is approved and confirmed. The lien follows all other improvement liens upon the affected real property in order of priority as to…

Sec. 59. (a) Each subcontractor, laborer, and other person who performs labor or another service or furnishes material that is used in the construction of or incorporated in work under this chapter, including board for laborers and all fuel, oil, and grease used in the operation …

Sec. 6. If the petition is initiated by the owners of land abutting upon or within four hundred forty (440) yards of the shoreline or water line of the lake, the petition must be accompanied by a bond with good and sufficient freehold sureties to be approved by the clerk of the c…

Sec. 60. (a) If a surveyor fails to perform any work required of the surveyor by this chapter, after ten (10) days written notice to the surveyor by any interested person the surveyor is liable with the surveyor's sureties on the surveyor's official bond: (1) for all damages caus…

Sec. 61. (a) If a petition is filed under IC 36-9-27 for the construction, reconstruction, alteration, repair, or recleaning of a drainage ditch that extends into or within one hundred sixty (160) rods of a freshwater lake and has a bottom depth lower than the average normal wate…

Sec. 62. (a) If a petition is filed under section 61 of this chapter for the construction, reconstruction, alteration, repair, or recleaning of a drainage ditch that extends to or within one hundred sixty (160) rods of a freshwater lake and has a bottom depth lower than the avera…

Sec. 63. If: (1) the construction of a dam, other structure, diversion ditch, pumping station, or other appurtenance in connection with the preservation or stabilization of a lake is petitioned for under section 62 of this chapter in connection with a drainage proceeding; and (2)…

Sec. 64. (a) The county surveyor shall do the following: (1) Certify the elevation of a lake level established under this chapter, including the bench mark used for the point of beginning. (2) Record the elevation of the lake level and the bench mark in the office of the county r…

Sec. 7. (a) Within ten (10) days after the filing of a petition, the clerk shall docket the petition as a cause of action pending in the circuit or superior court. The clerk shall cause notice to be given at least thirty (30) days before the date set for the hearing as follows: (…

Sec. 8. Before the date set for the hearing, the names of the viewers of the proposed work described in the petition shall be determined as follows: (1) The president of the board of commissioners of each county affected shall submit in writing to the clerk of the court in which …

Sec. 9. On the day set for the hearing on the form of a petition, the court shall appoint two (2) viewers who shall, with the viewers designated under section 8 of this chapter, pass upon the project as set out. The two (2) viewers appointed by the court: (1) must be reputable fr…

Sec. 1. This chapter applies if a public ditch or drain is established and constructed under the order of any of the following: (1) A circuit or superior court. (2) A county executive. [Pre-1995 Recodification Citation: 13-2-21-2 part.] As added by P.L.1-1995, SEC.20.…

Sec. 10. (a) Upon the hearing of a petition filed under section 4 of this chapter, an owner of real property within the proposed district may appear and contest the necessity for or utility of the establishment of the district. (b) The court shall determine the following: (1) Whe…

Sec. 11. (a) The board of commissioners of the county shall appoint three (3) drainage commissioners to do the following: (1) Take charge of the maintenance and repair of the dredge ditch or drain within the district. (2) Perform other duties assigned to the drainage commissioner…

Sec. 12. (a) The initial drainage commissioners serve for terms designated by the board of commissioners of the county as follows: (1) One (1) drainage commissioner for one (1) year. (2) One (1) drainage commissioner for two (2) years. (3) One (1) drainage commissioner for three …

Sec. 13. Before entering upon the discharge of their duties, the drainage commissioners shall take and subscribe an oath to do the following: (1) Faithfully and honestly discharge the duties of office without favor or partiality. (2) Give a true account of their work to the board…

Sec. 14. The drainage commissioners: (1) shall elect one (1) of the drainage commissioners chairman; and (2) may elect one (1) of the drainage commissioners secretary. [Pre-1995 Recodification Citation: 13-2-21-6(a) part.] As added by P.L.1-1995, SEC.20.

Sec. 15. A majority of the drainage commissioners constitutes a quorum. A quorum is sufficient in any matter within their duties as drainage commissioners. [Pre-1995 Recodification Citation: 13-2-21-6(a) part.] As added by P.L.1-1995, SEC.20.

Sec. 16. (a) Upon the death or removal from the county of a drainage commissioner, the board of commissioners of the county shall appoint a successor. (b) A drainage commissioner is subject to removal for cause upon written charges filed against the drainage commissioner in the c…

Sec. 17. (a) A drainage commissioner serves without salary, but is entitled to be paid from the drainage maintenance fund twenty-five dollars ($25) per day, not to exceed five hundred dollars ($500) annually, for every day the drainage commissioner is actively and necessarily emp…

Sec. 18. (a) The drainage commissioners: (1) shall at all times keep and maintain the dredge ditch and drain in proper condition; and (2) may, subject to subsection (b), hire all labor, purchase all material, and do all acts that are necessary and incident to maintaining the ditc…

Sec. 19. (a) The drainage commissioners shall do the following: (1) Keep a complete record of their proceedings and note in the record all expenses incurred in the maintenance and repair of the ditch and drain. (2) File with the county auditor an itemized statement showing the co…

Sec. 2. As used in this chapter, "district" refers to a drainage maintenance and repair district. [1995 Recodification Citation: New.] As added by P.L.1-1995, SEC.20.

Sec. 20. To raise the drainage maintenance fund, the drainage commissioners shall meet annually to do the following: (1) Estimate the amount of money necessary to properly maintain the ditch and drain for the ensuing year. (2) Determine what percent that amount is of the total of…

Sec. 21. The petitioners for the district shall present an itemized statement of all costs incurred by the petitioners in petitioning for the establishment of the district. If the drainage commissioners find the statement to be true and the expenses to be reasonable, the drainage…

Sec. 22. (a) The drainage commissioners shall, before November 1 of each year, file with the county auditor a certified copy of the resolution fixing the assessment rate. (b) The county auditor shall do the following: (1) Prepare an assessment duplicate assessing each tract of la…

Sec. 23. A balance remaining in the drainage maintenance fund at the end of a year shall be carried forward into the drainage maintenance fund for the ensuing year. [Pre-1995 Recodification Citation: 13-2-21-5(e).] As added by P.L.1-1995, SEC.20.

Sec. 24. A district established under this chapter or under IC 13-2-21 (before its repeal) may be dissolved by order of the court that established the district in accordance with: (1) IC 36-9-27-27; or (2) section 25 of this chapter. [Pre-1995 Recodification Citation: 13-2-21-7(a…

Sec. 25. (a) The court shall dissolve the district if it is shown that a petition for dissolution contains either of the following: (1) The names of a majority of the drainage commissioners. (2) The names of: (A) the owners of at least two-thirds (2/3) of the acreage described wi…

Sec. 3. As used in this chapter, "ditch" or "drain" includes the following: (1) A main dredge ditch. (2) The lateral ditches: (A) tributary to a main ditch; and (B) constructed as one (1) system of drainage by the use of a dredge machine. [Pre-1995 Recodification Citation: 13-2-2…

Sec. 4. (a) A petition requesting the establishment of a drainage maintenance and repair district under this chapter may not be filed after June 30, 2001. (b) Twenty percent (20%) of the owners of the real property assessed for a ditch or drain who: (1) would benefit by the const…