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
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