§ 36-9-27-91 — Assessments; deficiencies resulting from increases in damages or decreases in assessments

(a) This section applies whenever:
(1) a court or jury acting under section 107 of this chapter:
(A) increases an award of damages; or
(B) decreases an assessment of benefits;
that was made by the board for the construction or reconstruction
of a drain; and
(2) as a result of the increase or decrease, the assessments
collected are not sufficient to fully repay the general drain
improvement fund for money advanced to pay for the construction
or reconstruction.
(b) The deficiency shall be transferred to the general drain
improvement fund from the maintenance fund established for the drain
by the board. However, the board may not order the transfer in amounts
or at times that will result in the annual maintenance fund's being
insufficient to pay the costs of periodically maintaining the drain.
[Pre-Local Government Recodification Citation:
19-4-7-20.]
As added by Acts 1981, P.L.309, SEC.101.