§ 36-9-27-62 — Establishing new regulated drains; preparation of schedule of assessments; determination of damages

Indiana § 36-9-27-62

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

Text

(a) When the county surveyor has completed
the maps, profiles, and plans required by section 61 of this chapter, the
county surveyor shall meet 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 proposed
drain and the name and address of the owner of the land. The
name, address, and description shall be taken from the petition.
The board shall enter in the assessment schedule the percentage
of the total cost of the drain to be assessed against each tract of
land. 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 all owners as
a result of the proposed drain, 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
petition;
(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 proposed drain.
(3) Set forth the amount of each owner's assessment based on the
total estimated cost of the proposed drain.
(4) Set forth the amount of each owner's annual assessment based
on the estimated periodic maintenance cost of the proposed drain.
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.
(b) If land that was not included in the petition is determined to be
benefited or damaged, the names of the owners and a description of the
land shall be taken from the tax duplicates or record of transfers of the
county.
[Pre-Local Government Recodification Citation:
19-4-2-11.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.350.