§ 14-28-1-23 — Removal of structures or obstructions; conditions under which director is prohibited from exercising authority

Indiana § 14-28-1-23

• Jurisdiction: Indiana
• Art. 28: FLOOD CONTROL

Text

(a) The director may remove or eliminate a
structure, an obstruction, a deposit, or an excavation in a floodway that:
(1) adversely affects the efficiency of or unduly restricts the
capacity of the floodway;
(2) constitutes an unreasonable hazard to the safety of life or
property; or
(3) is unreasonably detrimental to fish, wildlife, or botanical
resources;
by an action in condemnation.
(b) In assessing the damages in the proceedings, the appraisers and
the court shall take into consideration whether the structure,
obstruction, deposit, or excavation is legally in or on the floodway.
(c) Beginning January 1, 2022, the director shall not exercise the
authority under subsection (a) to remove or eliminate an abode or
residence from a floodway if:
(1) the abode or residence was constructed before January 1,
2022;
(2) the owner of the abode or residence has taken necessary
measures to elevate the lowest floor of the abode or residence, as
reconstructed, including the basement, to at least two (2) feet
above the one hundred (100) year flood elevation within two (2)
years after receiving notification from the department concerning
the abode or residence; and
(3) the owner of the abode or residence has taken necessary
measures to comply with all applicable local, state, and federal
floodway regulations.
[Pre-1995 Recodification Citation: 13-2-22-13(g).]

Legislative History

As added by P.L.1-1995, SEC.21. Amended by P.L.90-2020, SEC.1; P.L.141-2022, SEC.45.