Sec. 25. (a) The court shall set a date:
(1) not less than thirty (30); or
(2) more than forty (40);
days after the surveyor's preliminary report has been filed for the surveyor's hearing on the report.
(b) The surveyor shall, within five (5) days after the date for the hearing is set, notify by registered mail, return receipt requested, all owners of land abutting upon or within four hundred forty (440) yards of the shoreline or water line of the lake. The return receipts are prima facie evidence of notice. The notice must give a brief description of the following:
(1) The project.
(2) The project's location.
(3) A description of the owners' land that is assessed or damaged, if any.
(4) The amount of assessment or damages, if any.
(5) The date and place of the hearing.
(c) If the residence of a landowner cannot be ascertained or if a mailed notice is returned undelivered, the surveyor shall publish notice to all persons in this category by one (1) publication:
(1) in a newspaper of general circulation published and printed in the county in which the lake lies; or
(2) if a paper is not published in the county, in a newspaper in an adjoining county;
at least ten (10) days before the date fixed for the hearing.
(d) The mailed and published notices must notify the owners that all remonstrances and claims for compensation or damages must be filed in writing with the clerk on or before the day of the surveyor's hearing.
(e) The clerk shall notify the surveyor of the receipt of remonstrances or claims on or before the day of the surveyor's hearing.
(f) The surveyor shall file the following:
(1) Proof of publication of the published notice in the form of a publisher's affidavit.
(2) Proof of the mailed notice by return receipts.
[Pre-1995 Recodification Citation: 13-2-18-9.]
As added by P.L.1-1995, SEC.19.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 26. Lakes and Reservoirs
Chapter 8. Lakes; Changes in Levels
14-26-8-1. Applicability of Chapter
14-26-8-2. "Shoreline or Water Line" Defined
14-26-8-3. Petition for Control Dam or Other Structure to Maintain Lake Level
14-26-8-4. Contents of Petition
14-26-8-5. Lake Lying in Two or More Counties
14-26-8-6. Bond to Accompany Petition
14-26-8-7. Docketing of Petition; Notice of Hearing
14-26-8-8. Viewers; Determination
14-26-8-9. Viewers; Appointment and Qualifications
14-26-8-10. Restrictions on County Commissioners as Viewers
14-26-8-11. Remonstrance or Objection; Time Requirements
14-26-8-12. Remonstrance or Objection; Dismissal of Defective Petition
14-26-8-13. Replacement of Disqualified Viewers
14-26-8-14. Objections to Viewers; Time Requirements
14-26-8-15. Objections to Viewers; Disqualification
14-26-8-16. Dismissal of Petition
14-26-8-17. Referral of Petition to Viewers
14-26-8-18. Inspection and Report by Viewers
14-26-8-19. Viewers' Findings; Dismissal of Petition
14-26-8-20. Viewers' Findings; Referral to County Surveyor
14-26-8-21. Surveyor; Preliminary Report; Plans; Specifications
14-26-8-23. Requirements of Assessments of Benefits or Damages
14-26-8-24. Apportionment of Costs of Improvements
14-26-8-25. Surveyor; Notice of Hearing
14-26-8-26. Surveyor; Hearing; Final Report
14-26-8-27. Remonstrance Against Surveyor's Final Report; Time Requirements; Contents
14-26-8-28. Remonstrance Against Surveyor's Final Report; Order to Amend or File New Report
14-26-8-29. Remonstrance Against Surveyor's Final Report; New Report
14-26-8-30. Remonstrance Against Surveyor's Final Report; Trial of Facts
14-26-8-31. Remonstrance Against Surveyor's Final Report; Modification of Assessments
14-26-8-32. Remonstrance Against Surveyor's Final Report; Confirmation of Assessments
14-26-8-33. Remonstrance Against Surveyor's Final Report; Dismissal of Proceedings
14-26-8-34. Approval of Assessments Where No Remonstrance Filed
14-26-8-35. Appeal From Approval and Confirmation of Assessments
14-26-8-36. Contracts for Construction of Improvements; Notice; Bidding
14-26-8-37. Contractor's Bond; Requirement
14-26-8-38. Contractor's Bond; Default
14-26-8-39. Contractor's Bond; Action on Bond
14-26-8-40. Contractor's Bond; Aggregate Liability of Surety
14-26-8-41. Contracts for Construction of Improvements; Court Approval
14-26-8-42. Contractor's Final Report
14-26-8-43. New Assessments Where No Contract Let
14-26-8-44. Payment of Costs of Improvements
14-26-8-45. Surveyor; Traveling Expenses; Compensation; Bond
14-26-8-48. Verified Bill; Partial Payment; Full Payment
14-26-8-49. General Lake Improvement Funds
14-26-8-50. Levy of Real Property Tax
14-26-8-52. Auditor; Notice of Assessments
14-26-8-53. Auditor; Extension of Assessments Upon Duplicate
14-26-8-54. Assessments Less Than $25
14-26-8-55. Assessments as Liens; Collection of Assessments
14-26-8-56. Nonpayment of Assessments; Sale of Land
14-26-8-57. Nonpayment of Assessments; Public Land
14-26-8-58. Assessments as Liens; Priority; Payment; Cancellation
14-26-8-59. Lien for Labor and Materials
14-26-8-60. Liability of Surveyor on Bond
14-26-8-61. Petitions Filed Under Ic 36-9-27; Duties of Viewers and County Surveyors
14-26-8-62. Petition Filed Under Ic 36-9-27; Court Proceedings
14-26-8-63. Petition Filed Under Section 62 of This Chapter; Additional Assessments