§ 36-9-27-42 — Increases and decreases in assessments for periodic maintenance of drains; procedure

Indiana § 36-9-27-42

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 27: Drainage Law

Text

(a) The board may at any time increase or
decrease the amount annually assessed for periodic maintenance of a
regulated drain if the board finds that the county surveyor's estimate of
the cost of maintaining the drain was insufficient or excessive.
(b) The board may decrease the amount annually assessed without
notice to the affected owners if the percentage of benefit assigned to all
tracts of land affected is not changed from that originally determined
by the board.
(c) The board may increase the amount annually assessed once
without notice to the affected owners if:
(1) the percentage of benefit assigned to all tracts of land affected
is not changed from that originally determined by the board; and
(2) the increase does not exceed twenty-five percent (25%) of the
amount initially established.
(d) If the board:
(1) finds that the percentage of benefit assigned to any particular
tract or tracts of land should be increased due to a change in land
use or for any other reason; or
(2) proposes an increase or decrease that would affect all of the
lands assessed for the maintenance of the drain and that is not
exempted from the giving of notice under subsection (b) or (c);
the board shall mail a notice to the owner or owners of the land. The
notice must state the proposed change in the assessment, and specify
a date, time, and place, not less than ten (10) days after the notice is
mailed, when the board will hear objections to the change. An owner
may file written objections to the proposed change on or before the date
of the hearing. At the hearing, the board shall consider all objections
and evidence filed and shall enter an order as justice may require. The
board shall mail a copy of its order to the owner or owners affected. If
an owner does not request judicial review of the order under section
106 of this chapter within twenty (20) days after the owner's receipt of
the copy of the order, the order becomes conclusive.
(e) A joint board that includes three (3) or more counties in a
drainage basin that exceeds one hundred thousand (100,000) acres
shall publish notice in accordance with IC 5-3-1 instead of mailing
notice to the owner or owners of land as required by subsection (d).
[Pre-Local Government Recodification Citation: 19-4-4-8
part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts
1981, P.L.317, SEC.25; P.L.370-1983, SEC.2; P.L.127-2017,
SEC.337.