§ 32-26-6-1 — Petition; inspection; assessment

(a) The owners of real property in a county who
own the major portion of the property in the county that is:
(1) improved and used for purposes of agriculture;
(2) in an area that is:
(A) definitely described by sections or subdivisions of sections;
or
(B) sufficiently described by metes and bounds; and
(3) situated upon or near, and subject to overflow from:
(A) a stream;
(B) a watercourse;
(C) a lake;
(D) a pond; or
(E) a marsh;
may petition the board of commissioners of the county, asking
permission to enclose the properties within one (1) general fence that
has swinging gates on all public highways crossed by the fence. A
petition under this subsection must set forth the kind of fence and gates
desired.
(b) Upon the receipt of a petition under subsection (a), the board of
county commissioners shall appoint as viewers three (3) reputable
householders of the county who are not related by blood or marriage to
any of the parties interested in the subject of the petition. After being
sworn to faithfully and fairly perform the services required of them, the
viewers shall proceed:
(1) within a reasonable time after the viewers' appointment; and
(2) after giving publication of the viewers' intention by posting
written or printed notices describing the properties in the
townships where the properties are located;
to inspect the properties and make an assessment against the owners of
the properties for the cost of the fence.
(c) The cost of the fence shall be apportioned between the owners
of the properties severally according to the number of acres of
improved land owned by each owner and the benefits accruing to the
owners severally because of the fence.
[Pre-2002 Recodification Citation: 32-10-6-1.]

Legislative History

As added by P.L.2-2002, SEC.11.