Indiana Code
Chapter 8. Lakes; Changes in Levels
14-26-8-3. Petition for Control Dam or Other Structure to Maintain Lake Level

Sec. 3. (a) If:
(1) at least twenty percent (20%) of the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of a lake;
(2) the department; or
(3) the board of commissioners of a county in which a lake is located;
desire to stabilize, raise, or establish and maintain the level of the lake by means of a control dam or other structure, diverting water into or away from the lake, pumping water into or out of the lake, or other means, the landowners, department, or county commissioners may apply either separately or jointly for the construction, reconstruction, alteration, and rehabilitation of a control dam or other structure, the construction of pumping stations, the construction, reconstruction, repair, or recleaning of outlet or inlet ditches, or other means by filing a petition with the circuit or superior court of the county in which the greater or greatest area of the lake lies.
(b) A petition must be filed in duplicate with the clerk of the court.
(c) If the petition is approved by the court, attorney's fees become a part of the total costs of the project. If the petition is dismissed, the petitioners shall pay the attorney's fees.
[Pre-1995 Recodification Citation: 13-2-18-1 part.]
As added by P.L.1-1995, SEC.19.

Structure Indiana Code

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

14-26-8-22. County Surveyor

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

14-26-8-46. Viewers; Expenses

14-26-8-47. Attorney's Fees

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

14-26-8-51. County Surveyor

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

14-26-8-64. Elevation of Lake Levels