§ 36-9-29-18 — Plans and specifications; preparation, adoption, and filing; objections; hearing; judgment or decree

Indiana § 36-9-29-18

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 29: Flood Control Districts in Certain Cities

Text

(a) After its organization, the flood control
board shall prepare and adopt:
(1) plans and specifications for the flood control works to be
constructed or installed by or for the flood control district;
(2) estimates of the cost of that part of the works to be contracted
for or constructed at the expense of the district;
(3) maps and plats showing the general scope of the works and
the boundaries of all lands considered necessary to be acquired
for the works or that will be injuriously affected in connection
with the construction of the works; and
(4) an acquisition and damage roll showing the separate
descriptions of all land and other property to be acquired or
injuriously affected by the construction and installation of the
works, and an estimate of the total cost of the acquisition or
damages.
It is not necessary to prepare, adopt, and file the plans, specifications,
and other items required by this section at one (1) time.
(b) In adopting plans under this section, the flood control board,
with the approval of the circuit court, may deviate from the general
plans approved at the time of the establishment of the district if the
board finds that:
(1) it is not practicable to construct or install the works in
accordance with that plan; or
(2) the deviation will provide greater protection.
(c) Upon adoption of the plans, specifications, and other items, one
(1) copy shall be placed on file at the flood control board's office, and
one (1) copy shall be filed in the office of the clerk of the circuit court.
These copies are open to inspection by the public. The board shall have
notice of the filing published in accordance with IC 5-3-1. The board
shall file proofs of publication of the notice with the clerk of the court.
The notice must refer to the title and number of the cause in which the
district was established and state that the plans, specifications,
estimates, maps, plats, and roll required by this section are on file at the
offices of the board and clerk of the court, and may be inspected by all
interested parties.
(d) Any person owning property injuriously affected by the
construction or installation of the proposed flood control works may
file separate objections with the circuit court within fifteen (15) days
after the first publication of notice under subsection (c). The sole
ground of objection is that, due to an unnecessary deviation from the
general plan approved at the time of the establishment of the district,
the property of the objectors will be injuriously affected or should not
be included in the district. The court shall set the objections for hearing
without delay, hear evidence, and determine the facts. However, the
filing of objections does not delay or interfere with the letting of
contracts or the construction of the flood control works, except to the
extent that the court may direct by temporary order before the hearing
or by judgment after the hearing.
(e) If, after a hearing under subsection (d), the court finds that there
has been an unnecessary deviation from the general plan approved at
the time of the establishment of the district, or that any of the property
included in the district as originally established should be eliminated
from the district, the court shall:
(1) render judgment accordingly; and
(2) enter a decree:
(A) setting out the deviation to be corrected; and
(B) describing, by metes and bounds, the property eliminated.
A copy of the decree shall be entered in the records of the board, and
the plans shall be changed to meet the requirements of the decree.
[Pre-Local Government Recodification Citation:
19-4-18-9.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts
1981, P.L.45, SEC.89.