§ 8-1.5-5-17 — Proposed projects; resolution; notice to property owners; preadoption contracts for purchase

Indiana § 8-1.5-5-17

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 5: Department of Storm Water Management

Text

(a) If, upon investigation, the board finds
that:
(1) the storm water system is insufficient to furnish the necessary
collection and disposal of storm water to properly protect the
public health and welfare and safeguard the property within the
district; or
(2) it is necessary to acquire, construct, rebuild, repair, extend,
and improve the storm water system and equipment, to acquire
lands, or to construct, erect, or acquire other systems and other
structures and equipment appurtenant to them;
the board shall prepare maps, plans, specifications, and drawings with
full details and descriptions for the proposed work, together with an
estimate of the cost. The board shall also prepare a description of all
property rights necessary to be acquired in connection with the
proposed work and the manner in which the rights are to be acquired,
whether by purchase or appropriation, along with a description of any
other property that may be injuriously affected, together with the
estimated cost.
(b) The board shall then adopt a resolution approving the project by:
(1) declaring that it is necessary for the protection of the public
health and welfare of the inhabitants of the storm water district
and the safeguarding of the property within the district;
(2) declaring that it is of public utility and benefit;
(3) appropriating the property described in the resolution;
(4) stating the maximum proposed cost of any land to be
purchased; and
(5) adopting plans, maps, specifications, drawings, details,
descriptions, and estimates.
(c) If the resolution is adopted, the board shall publish a notice in
accordance with IC 5-3-1 of the adoption of the resolution and of the
fact that plans, specifications, and estimates have been prepared and
can be inspected. The notice must also name a date, not less than ten
(10) days after the date of the last publication, when the board will
receive or hear remonstrances from the persons interested in, or
affected by, the resolution, and when it will determine the public utility
and benefit of the project. Notice shall be mailed to the owners of all
property appropriated by the resolution. If a landowner is a nonresident
and the landowner's place of residence is known, a notice shall be
mailed to the nonresident owner. If the nonresident owner's residence
is unknown to the board, then the owner is considered notified of the
pendency of the proceedings by the publication of notice.
(d) Separate descriptions of each piece or parcel of land are not
required in the resolution and notice, but it is a sufficient description
of the property purchased or to be purchased, or to be appropriated or
damaged, to give a description of the entire tract, whether it is one (1)
or more lots or parcels and whether it is owned by one (1) or more
persons.
(e) All persons affected by the proceedings, including all taxpayers
in the storm water district, are considered to be notified of the
proceedings and all subsequent acts, hearings, adjournments, and
orders of the board by the original publication of notice.
(f) The board may, before adoption of the resolution, obtain from the
owners of the property an option for its purchase or may enter into a
contract for its purchase after an appraisal by two (2) qualified land
appraisers. An option or contract is subject to the final action of the
board confirming, modifying, or rescinding the resolution.

Legislative History

As added by P.L.125-1987, SEC.1.