Indiana § 14-26-8-62 Petition filed under IC 36-9-27; court proceedings

Indiana Statutes

§ 14-26-8-62 — Petition filed under IC 36-9-27; court proceedings

Indiana·Art. 26 LAKES AND RESERVOIRS·Ch. 8 Lakes; Changes in Levels

(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 average normal water level of the lake and the petition does not request the construction of a dam, other structure, diversion ditch, pumping station, or other appurtenance to protect and preserve the water level of each lake likely to be affected:

(1)twenty percent (20%) of the owners of land abutting or within four hundred forty (440) yards of the shoreline or water line of the lake;

(2)a county in which the lake lies; or

(3)the department; may file a petition addressed to the court having jurisdiction any time before the c

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(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 average normal water level of the lake and the petition does not
request the construction of a dam, other structure, diversion ditch,
pumping station, or other appurtenance to protect and preserve the
water level of each lake likely to be affected:
(1) twenty percent (20%) of the owners of land abutting or within
four hundred forty (440) yards of the shoreline or water line of the
lake;
(2) a county in which the lake lies; or
(3) the department;
may file a petition addressed to the court having jurisdiction any time
before the court order granting the petition for the drainage project to
include a dam, other structure, diversion ditch, pumping station, or
other appurtenance necessary to protect and preserve the water level of
the lake.
(b) Upon receipt of a petition filed under subsection (a), the court
shall set a date for a hearing. On that date the court shall hear all
evidence submitted regarding the practicability and public need of a
dam, other structure, diversion ditch, pumping station, or other
appurtenance to protect and preserve the water level of each lake likely
to be affected.
(c) If the court rules that the additional construction is necessary, the
same procedure shall be followed for inclusion as if the additional
construction were included in the petition for the drainage work.
(d) If the court rules adversely on the practicability or public need
of a dam, other structure, diversion ditch, pumping station, or other
appurtenance, an appeal may be taken from the final judgment of the
circuit or superior court to the supreme court or the court of appeals
within thirty (30) days.
[Pre-1995 Recodification Citation: 13-2-18-23(b),
(c).]

Indiana § 14-26-8-62 (Petition filed under IC 36-9-27; court proceedings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.