Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 20. If the viewers find that the proposed work is practicable and of public need: (1) the viewers shall make a written report of the finding to the court; and (2) the court shall do the following: (A) Direct the surveyor of the county in which the greatest area of the lake l…

Sec. 21. (a) The surveyor's preliminary report must include the following: (1) Plans and specifications. (2) Cost estimates. (3) Damages. (4) Assessments. (5) Other information that is considered necessary and proper. (b) The department may on request of the surveyor prepare the …

Sec. 22. (a) The county surveyor shall estimate the cost of the project and assess the benefits or damages to all affected landowners, each county in which the lake lies, and the department if: (1) the petition is a joint petition between the owners of land abutting or within one…

Sec. 23. The assessing of benefits or damages is to be made: (1) on each separate tract of land to be affected; (2) to easements held by railways or other corporations; and (3) to cities, towns, and other public or private corporations; including any land or water right or easeme…

Sec. 24. (a) The cost of the improvement asked for in the petition shall be paid as follows: (1) If the petition is filed separately by the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of the lake, proportionately to the benefits rec…

Sec. 25. (a) The court shall set a date: (1) not less than thirty (30); or (2) more than forty (40); days after the surveyor's preliminary report has been filed for the surveyor's hearing on the report. (b) The surveyor shall, within five (5) days after the date for the hearing i…

Sec. 26. (a) On the day fixed by the court for the hearing on the report the surveyor shall do the following: (1) Be present at the place designated in the notice. (2) Hear all objections made to damages and assessments. (b) The surveyor may adjourn the hearing as necessary or to…

Sec. 27. (a) The following entities have ten (10) days from the date the surveyor's final report is filed with the court to remonstrate against the final report: (1) An owner of land affected by the work as proposed in the petition or in the surveyor's final report. (2) The commi…

Sec. 28. If after a hearing the court decides that any of the causes of remonstrance described in section 27 of this chapter is true, the court may do either of the following: (1) Direct the surveyor to amend and perfect the report. (2) Set aside the report and refer the matter b…

Sec. 29. (a) In making an order for a new report, the court shall fix the time when the surveyor shall report. (b) When a new report is made and filed, a person whose land is reported as affected in the report may remonstrate within the same time and for the same causes that are …

Sec. 3. (a) If: (1) at least twenty percent (20%) of the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of a lake; (2) the department; or (3) the board of commissioners of a county in which a lake is located; desire to stabilize, raise…

Sec. 30. The court shall try all questions of facts arising on a petition, report, or remonstrance without a jury. [Pre-1995 Recodification Citation: 13-2-18-12 part.] As added by P.L.1-1995, SEC.19.

Sec. 31. (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) Diminishing the assessments on some tracts and increasing the assessments on other tracts. (2) Giving or withholding damag…

Sec. 32. If the finding and judgment of the court is against each remonstrance: (1) the assessments made by the surveyor shall be confirmed; and (2) the order confirming is final and conclusive. [Pre-1995 Recodification Citation: 13-2-18-12 part.] As added by P.L.1-1995, SEC.19.…

Sec. 33. If the finding and judgment of the court is in support of a remonstrance, the proceedings shall be dismissed at the cost of the petitioners whose land abuts or lies within four hundred forty (440) yards of the shoreline or water line of the lake. [Pre-1995 Recodification…

Sec. 34. If after the ten (10) days allowed for remonstrances there is no appeal or remonstrance, the court shall do the following: (1) Make an order declaring the proposed work established and approving assessments as made by the surveyor or as equalized and modified as provided…

Sec. 35. The order of the court approving and confirming the assessments and declaring the proposed work established is final and conclusive, unless an appeal is taken. An appeal may be taken from the final judgment of the circuit or superior court to the supreme court or court o…

Sec. 36. (a) The county surveyor shall proceed to have the improvement constructed as provided by section 32 or 34 of this chapter. The county surveyor shall keep in the surveyor's office copies of the plans and specifications, which shall be open for the inspection of any landow…

Sec. 37. A person who has successfully bid for the whole or a part of the work shall, when the work is awarded to the person, do the following: (1) Enter into a contract with the surveyor to perform the work. (2) Give bond that: (A) must be approved by the court; (B) is payable t…

Sec. 38. If a person who is assessed is damaged by reason of the default and failure of the contractor to complete the work within the limit, the contractor in default is liable on the bond to the person damaged to the full extent of the damages. The damages may be recovered in a…

Sec. 39. The surveyor may bring suit on the bond in a court with jurisdiction to recover any increased cost, expense, or damage of or to the work because of the failure of the contractor. [Pre-1995 Recodification Citation: 13-2-18-15 part.] As added by P.L.1-1995, SEC.19.

Sec. 4. A petition must do the following: (1) State the name of the lake. (2) State the lake's location by section, township, range, and county. (3) State the lake's approximate surface area in acres. (4) Describe the nature of the work desired, whether it is: (A) the constructio…

Sec. 40. The aggregate liability of the surety on a bond for all liabilities may not exceed the penalty of the bond. [Pre-1995 Recodification Citation: 13-2-18-15 part.] As added by P.L.1-1995, SEC.19.

Sec. 41. A contract may not be let until the court approves the contract. [Pre-1995 Recodification Citation: 13-2-18-15 part.] As added by P.L.1-1995, SEC.19.

Sec. 42. When the contractor has finished the contractor's work, the surveyor shall make a final report to the court showing that the work has been completed and accepted. [Pre-1995 Recodification Citation: 13-2-18-15 part.] As added by P.L.1-1995, SEC.19.

Sec. 43. (a) If the surveyor is unable to let a contract and construct the proposed improvement for the estimated cost of construction, the surveyor shall report the fact to the court. (b) The court shall immediately order a new assessment of benefits and damages if requested in …

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…