Indiana § 14-26-8-61 Petitions filed under IC 36-9-27; duties of viewers and county
surveyors

Indiana Statutes

§ 14-26-8-61 — Petitions filed under IC 36-9-27; duties of viewers and county surveyors

Indiana § 14-26-8-61

Art. 26LAKES AND RESERVOIRS

Ch. 8Lakes; Changes in Levels

This text of Indiana § 14-26-8-61 (Petitions filed under IC 36-9-27; duties of viewers and county surveyors) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 14-26-8-61 (2026).

Text

(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 water level of the lake, the petition may ask that:

(1)the owners of land abutting or within four hundred forty (440) yards of the shoreline or water line of each lake likely to be affected;

(2)each county in which the lake lies; and

(3)the department; participate in the cost of constructing a dam or structure, diversion ditches, pumping stations, or other appurtenances necessary to protect and preserve the water level of the lake.

(b)If a request is made in a petition under subsection (a), the court having jurisdiction of

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(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 water level of the lake, the petition may ask that:
(1) the owners of land abutting or within four hundred forty (440)
yards of the shoreline or water line of each lake likely to be
affected;
(2) each county in which the lake lies; and
(3) the department;
participate in the cost of constructing a dam or structure, diversion
ditches, pumping stations, or other appurtenances necessary to protect
and preserve the water level of the lake.
(b) If a request is made in a petition under subsection (a), the court
having jurisdiction of the drainage proceedings shall appoint additional
viewers as prescribed in this chapter to represent the county and the
department. The viewers shall file a separate report on whether a dam,
other structure, diversion ditch, pumping station, or other appurtenance
is practicable and of public need.
(c) If the report of the viewers is in the affirmative, the county
surveyor for the drainage project shall include in the report plans and
specifications for the improvement and apportion assessments and
damages in the same manner as prescribed in this chapter governing
raising or maintaining lake levels.
[Pre-1995 Recodification Citation: 13-2-18-23(a).]