Sec. 27. (a) The following entities have ten (10) days from the date the surveyor's final report is filed with the court to remonstrate against the final report:
(1) An owner of land affected by the work as proposed in the petition or in the surveyor's final report.
(2) The commissioners of a county in which the lake lies.
(3) The department.
(b) A remonstrance must be in writing, must be filed with the court, and may be for any of the following causes:
(1) That the report of the surveyor is not according to law.
(2) That the proposed work as reported by the surveyor will not be sufficient to accomplish the purpose set out in the petition.
(3) That the amount of the assessment is exorbitant.
(4) That the amount of the assessment is too much as compared with other land assessed, specifying the other land.
(5) That the amount of the assessment of others is too low, specifying the others.
(6) That the amount of the damages is inadequate.
(7) That the owner's land will be damaged and the owner has not been given damages.
(8) That the owner's land has been assessed for benefits and the owner's land will not be benefited or will be damaged if the proposed work is accomplished.
(9) That the assessment against a county or the department is greater than the public benefit to be received.
(10) That the proposed project is not practicable and of public need or utility.
[Pre-1995 Recodification Citation: 13-2-18-11.]
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