§ 14-26-8-24 — Apportionment of costs of improvements

(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 received by the owners.
(2) If the petition is filed jointly by the owners of land abutting
upon the lake and the department or the commissioners of each
county in which the lake lies or separately by the department or
the commissioners of each county in which the lake lies, as
follows:
(A) Twenty-five percent (25%) of the cost of the improvement
shall be paid by the property owners abutting or within
one-fourth (1/4) mile of the shoreline or water line of the lake.
(B) Twenty-five percent (25%) of the cost shall be paid by the
county.
(C) Fifty percent (50%) of the cost shall be paid by the
department.
(b) The county surveyor shall apportion the cost of the project
accordingly in the surveyor's report and notices of assessments and
damages shall be sent to all affected parties as prescribed in section 25
of this chapter.
(c) If the lake lies in at least two (2) counties, the cost to be paid by
each county must be proportionate to the area of the lake that lies in
each county. For the purpose of determining the area of the lake that
lies in each county, the professional surveyor may use aerial
photographs made by the United States Department of Agriculture.
[Pre-1995 Recodification Citation: 13-2-18-8.]

Legislative History

As added by P.L.1-1995, SEC.19. Amended by P.L.57-2013, SEC.13.