§ 14-33-3-4 — Removal of tract of land from boundaries of conservancy district under certain circumstances

Indiana § 14-33-3-4

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 3: Boundaries

Text

(a) This section applies if:
(1) a conservancy district is established under IC 14-33-1-1(a)(5)
for purposes that include providing for the collection, treatment,
and disposal of sewage and other liquid wastes;
(2) a tract of land is located partly or completely within the
boundaries of the conservancy district;
(3) no residence or other structure located on the tract of land is
connected to or served by the conservancy district's sewage
service;
(4) the tract of land has been annexed by a municipality that will
provide or is providing sewer service to the tract of land;
(5) the conservancy district has assessed a special benefits tax to
provide revenues to operate the district's sewer facilities and does
not collect monthly rates and charges for sewer service;
(6) the conservancy district did not, within three (3) years after
the effective date of the municipal annexation referred to in
subdivision (4), extend to within three hundred (300) feet of the
tract of land sanitary sewer facilities to which the owner of the
tract of land referred to in subdivisions (2) and (3) could connect;
and
(7) the tract of land is being served or could be served by the
annexing municipality referred to in subdivision (4).
(b) In a situation described in subsection (a)(1) through (a)(7), the
owner of a tract of land may petition the court that established the
conservancy district for the removal of the tract of land from the
boundaries of the conservancy district.
(c) Upon receiving a petition under subsection (b), the court shall
set a date for a hearing on the petition.
(d) If the court determines that subsection (a)(1) through (a)(7)
apply to:
(1) the tract of land owned by the petitioner; and
(2) the conservancy district within the boundaries of which the
tract of land is partly or completely located;
the court shall order that the boundaries of the conservancy district be
altered to remove the tract of land from the conservancy district.
(e) If a tract of land is removed from a conservancy district under
this section, the tract of land and all improvements located on the tract
of land are, as of the filing of the petition under subsection (b), exempt
from any:
(1) special benefits tax or assessment;
(2) assessments for exceptional benefits from the operation of the
conservancy district plan; or
(3) assessments for maintenance and operation of the conservancy
district's works or improvements;
that may be imposed under this chapter by the conservancy district.
(f) If any special benefits taxes or assessments for exceptional
benefits have been assessed as a lien on a tract of land removed from
a conservancy district under this section, the liability for the taxes or
assessments is discharged and the lien is extinguished upon the owner's
filing of the court order issued under subsection (d) with the recorder
of the county in which the tract is located.
(g) A sewer lien imposed on a tract of land before the tract of land
is removed from a conservancy district under this section shall be
released if the owner of the tract of land files the court order issued
under subsection (d) with the recorder of the county in which the tract
is located.

Legislative History

As added by P.L.189-2021, SEC.3.