Sec. 47. (a) Except as provided in subsections (b) and (c), the attorney's fees paid may not exceed four percent (4%) of the estimated cost of construction.
(b) If an appeal is taken or other extra proceedings are conducted, the court may allow a reasonable additional amount for the extra legal services actually provided.
(c) If:
(1) the aggregate cost is less than one thousand five hundred dollars ($1,500); and
(2) the petition is filed separately by the owners of land abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake;
the court shall fix a reasonable amount instead of the four percent (4%) for the petitioners' attorney's fees.
[Pre-1995 Recodification Citation: 13-2-18-17 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