§ 14-33-6-13 — Powers and duties of board

Indiana § 14-33-6-13

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 6: District Plan

Text

(a) The board shall place the district plan in
operation by constructing all works and maintaining the works in
accordance with the district plan.
(b) If necessary to discharge these responsibilities, the board may do
the following:
(1) Except as provided in IC 14-33-24-8(d), levy taxes on the real
property in the district.
(2) Except as provided in IC 14-33-24-8(d), make assessments on
the real property in the district, except the property that is exempt
under IC 14-33-7-4, for exceptional benefits to the property and
further assessments pro rata for maintenance and operation of the
works of improvement.
(3) Issue bonds and short and long term notes.
(4) Incur other debts and liabilities.
(5) Except as provided in subsection (c), exercise the power of
eminent domain, both inside and outside the boundaries of the
district, in accordance with this article or another eminent domain
statute. In the exercise of this power, due care shall be taken to
minimize interference with other public interests involved.
(6) Make payments for the fair value of all property taken under
eminent domain proceedings, and in cases that are appealed,
make the payments into court and proceed promptly in placing the
district plan in operation.
(7) Institute any type of civil legal proceedings in a court having
jurisdiction over the person or property in question.
(8) Purchase or rent property.
(9) Sell services or property that are produced incident to the
district plan at a fair and reasonable price.
(10) Make contracts or otherwise enter into agreements with
persons or federal, state, or local governmental agencies for
construction, maintenance, operation, or security of any part of
the district.
(11) Receive and disburse money.
(12) Lease land and other assets to municipalities, counties, and
park boards of municipalities or counties, with the term and
annual rental adequate to meet the district's repayment schedule
for financing, if any, of the land and other assets leased.
Municipalities, counties, and park boards of municipalities or
counties may enter into leases without limitations of other statutes
regarding the receipt of petitions, the duration of the term of the
lease, or the distance of the land and other assets from the
corporate boundaries. The municipalities, counties, and park
boards may enter into leases:
(A) for terms as long as fifty (50) years;
(B) at locations that the municipalities, counties, and park
boards determine would benefit the municipalities or counties;
and
(C) upon terms, conditions, and covenants that are fair and
reasonable.
The board may pledge the rental income from the lease as revenue
for services or property produced incident to the operation of the
district.
(13) Perform necessary construction and maintenance work as
follows:
(A) Outside the district.
(B) Outside Indiana if:
(i) there is voluntary agreement on the part of persons outside
Indiana; and
(ii) the work will confer benefits to the real property in the
district in excess of costs and damages to be paid by the
district.
(c) A reservoir conservancy district established under IC 14-33-24
may not exercise the power of eminent domain.
[Pre-1995 Recodification Citation: 13-3-3-58(a), (b)
part.]

Legislative History

As added by P.L.1-1995, SEC.26. Amended by P.L.52-2012, SEC.1; P.L.148-2020, SEC.14.