§ 14-26-8-25 — Surveyor; notice of hearing

Indiana § 14-26-8-25

• Jurisdiction: Indiana
• Art. 26: LAKES AND RESERVOIRS
• Ch. 8: Lakes; Changes in Levels

Text

(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 is set, notify by registered mail, return receipt requested, all
owners of land abutting upon or within four hundred forty (440) yards
of the shoreline or water line of the lake. The return receipts are prima
facie evidence of notice. The notice must give a brief description of the
following:
(1) The project.
(2) The project's location.
(3) A description of the owners' land that is assessed or damaged,
if any.
(4) The amount of assessment or damages, if any.
(5) The date and place of the hearing.
(c) If the residence of a landowner cannot be ascertained or if a
mailed notice is returned undelivered, the surveyor shall publish notice
to all persons in this category by one (1) publication:
(1) in a newspaper of general circulation published and printed in
the county in which the lake lies; or
(2) if a paper is not published in the county, in a newspaper in an
adjoining county;
at least ten (10) days before the date fixed for the hearing.
(d) The mailed and published notices must notify the owners that all
remonstrances and claims for compensation or damages must be filed
in writing with the clerk on or before the day of the surveyor's hearing.
(e) The clerk shall notify the surveyor of the receipt of
remonstrances or claims on or before the day of the surveyor's hearing.
(f) The surveyor shall file the following:
(1) Proof of publication of the published notice in the form of a
publisher's affidavit.
(2) Proof of the mailed notice by return receipts.
[Pre-1995 Recodification Citation: 13-2-18-9.]

Legislative History

As added by P.L.1-1995, SEC.19.