§ 36-9-27-50 — Reconstruction of drains; preparation of schedule of assessments and damages

When the county surveyor files a
reconstruction report, the county surveyor shall consult with the board,
and the board shall take the following actions:
(1) Prepare a schedule of assessments containing a description of
each tract of land determined to be benefited by the
reconstruction, and the name and address of the owner of the
land. The name, address, and description shall be taken from the
county surveyor's report. The board shall enter in the assessment
schedule the percentage of the total cost of the reconstruction to
be assessed against each tract of land, with the percentage to be
based upon the benefit accruing to the land from the
reconstruction. The percentage allocated to all lands benefited
must be at least one hundred percent (100%) and as near to one
hundred percent (100%) as is practicable.
(2) Determine the amount of damages sustained by any owner as
a result of the reconstruction, and prepare a schedule of damages
containing:
(A) the name and address of each owner determined to be
damaged and a description of the owner's land, as shown by the
county surveyor's report;
(B) the amount of each owner's damages; and
(C) an explanation of the injury upon which the determination
was based.
The county surveyor shall add the damages to all lands as
determined by the board to the estimated costs and expenses
contained in the county surveyor's report, and the result
constitutes the total estimated cost of the reconstruction.
(3) Set forth the amount of each owner's assessment based on the
total estimated cost of the reconstruction.
(4) Set forth the amount of each owner's annual assessment based
on the estimated periodic maintenance cost of the reconstruction.
The percentage used in computing the annual assessment may,
but need not be, the same for each tract of land as the percentage
used in computing the general assessment.
The board may consider the factors listed in section 112 of this chapter
in preparing the schedules.
[Pre-Local Government Recodification Citation:
19-4-3-2.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.341.