§ 36-9-27-52 — Reconstruction of drains; notice and hearing on county surveyor's report and schedules; objections; final order

(a) When the schedules of damages and
assessments are completed and marked filed, the board shall fix a date,
time, and place for a hearing on the reconstruction report of the county
surveyor and on the schedules of damages and assessments, and shall
prepare a notice for each owner of land affected by the reconstruction.
The notice must state:
(1) the name and identifying number by which the proposed
reconstruction is known;
(2) that the reconstruction report of the county surveyor and the
schedules of damages and benefits as determined by the board
have been filed and are available for inspection in the office of the
surveyor;
(3) that the land of the owner is shown by the schedule of
damages to be damaged in the sum of ______ dollars;
(4) that the land of the owner is shown by the schedule of
assessments to be assessed ______ percent of the total cost of
reconstruction, and that ______ percent of the estimated total cost
of the reconstruction is in the sum of _______ dollars;
(5) that the land of the owner is shown by the schedule of
assessments to be annually assessed in the sum of _______
dollars for estimated periodic maintenance of the reconstruction;
and
(6) the date, hour, and place of the hearing on the surveyor's
reconstruction report and on the schedules of damages and
assessments.
(b) Not less than thirty (30) nor more than forty (40) days before the
date of the hearing, the board shall mail a copy of the notice in a five
(5) day return envelope to each owner named in the schedules of
damages and assessments.
(c) The board shall publish a notice in accordance with IC 5-3-1.
The notice must:
(1) identify the proposed reconstruction;
(2) be addressed to whom it may concern and to the addressee on
each letter that was mailed under subsection (b) and was returned
undelivered; and
(3) state that:
(A) the reconstruction report of the county surveyor and the
schedules of damages and assessments made by the board have
been filed and are available for public inspection in the office
of the county surveyor; and
(B) a hearing will be held before the board on the report and
schedules, specifying the time and place of hearing.
(d) Not less than five (5) days before the board's hearing on a
reconstruction report, an owner of lands affected by the report or by the
schedules of damages and assessments may file with the board written
objections to the report, schedules, or both. The objections may be for
one (1) or more of the following causes:
(1) The costs, damages, and expenses of the proposed
reconstruction will exceed the benefits that will result to the
owners of all land benefited.
(2) The objector is the owner of land assessed as benefited, and
the benefits assessed against the objector's land are excessive.
(3) The objector is the owner of land damaged by the
reconstruction, and:
(A) the board failed to find that the objector's land is damaged;
or
(B) the damages assessed to the objector's land are inadequate.
Each objector may file written evidence in support of the objector's
objections. The failure of an owner to file objections constitutes a
waiver of the owner's right to subsequently object, on the grounds
stated in this subsection, to any final action of the board.
(e) On or before the day of the hearing, the county surveyor shall,
and any owner of land affected by the proposed reconstruction may,
cause written evidence to be filed in support of or in rebuttal to any
objection filed under subsection (d).
(f) The board shall consider the objections and evidence filed, may
adjourn the hearing from day to day or to a day certain, and may issue
an order permitting additional written evidence to be filed in support
of or in rebuttal to the objections and evidence previously filed.
(g) After considering all of the objections and evidence, the board
may amend the schedules of damages and assessments, and the county
surveyor may modify the county surveyor's report, as justice may
require.
(h) Before final adjournment of the hearing, the board shall
determine in writing whether the costs, damages, and expenses of the
proposed reconstruction will be less than the benefits accruing to the
owners of land benefited by the construction. If the board answers this
question in the negative, it shall dismiss the proceedings. If the board
answers the question in the affirmative, it shall adopt the reconstruction
report of the county surveyor and the schedule of damages and
assessments, including annual assessments for periodic maintenance,
as originally filed or as amended, into its findings, and issue an order
declaring the proposed reconstruction established. The board shall
mark the findings and order filed and publicly announce the findings
and order at the hearing. Immediately after that, the board shall publish
a notice in accordance with IC 5-3-1. The notice must identify the
drainage proceedings and state that the findings and order of the board
have been filed and are available for inspection in the office of the
surveyor.
(i) If judicial review of the findings and order of the board is not
requested under section 106 of this chapter within twenty (20) days
after the date of publication of the notice, the findings and order
become conclusive.
[Pre-Local Government Recodification Citations: 19-4-3-3;
19-4-3-4; 19-4-3-5; 19-4-3-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts
1981, P.L.45, SEC.78; P.L.180-1995, SEC.6; P.L.127-2017,
SEC.342.