§ 36-9-29-6 — Special benefit district; territory included

(a) If twenty-five percent (25%) or more of the
territory included within the corporate boundaries of the city
petitioning for the establishment of a flood control district has been
inundated by flood waters during the preceding ten (10) years, then all
of the property within the corporate boundaries of the city is
conclusively presumed to be specially benefited and shall be included
in the district, except for property that is subject to inundation from
floods and will not be included within or protected by the proposed
flood control works.
(b) If twenty-five percent (25%) or more of the territory within the
corporate boundaries of any town included in whole or in part in the
flood control district has been inundated by flood waters during the
preceding ten (10) years, then all of the property within the town is
conclusively presumed to be specially benefited and shall be included
in the district, except for property that is subject to inundation and will
not be included within or protected by the proposed flood control
works.
(c) Territory that:
(1) is outside the corporate boundaries of a municipality; and
(2) lies at an elevation higher than three (3) feet above the highest
flood stage during the preceding ten (10) years;
may be included in a flood control district only if it will be included
within or protected by the proposed flood control works.
[Pre-Local Government Recodification Citation: 19-4-18-4
part.]
As added by Acts 1981, P.L.309, SEC.105.