Sec. 8. (a) To raise the necessary money to reimburse the county, the committee in charge of a levee shall apportion and assess the costs upon the land and corporations to be benefited by the repairs in proportion to the benefits not more than ninety (90) days after filing the statement of costs and expenses for repairs under section 7(b)(3) of this chapter. The costs may not exceed the benefits. However, if the repairs have been made necessary by the act or negligence of:
(1) the owner or occupant of land; or
(2) an employee or agent of the owner or occupant;
the cost of the repairs shall be assessed against that land alone.
(b) If a committee in charge of a levee:
(1) before July 1, 2013, has filed the statement of costs and expenses for repairs under section 7(b)(3) of this chapter; and
(2) has not:
(A) reimbursed the county for the costs and expenses for repairs to the levee; or
(B) apportioned and assessed the costs upon the land and corporations benefited by the repairs as required in subsection (a);
the committee in charge of a levee shall, before September 29, 2013, apportion and assess the costs upon the land and corporations benefited by the repairs as required by subsection (a).
[Pre-1995 Recodification Citation: 13-2-19.5-3(c).]
As added by P.L.1-1995, SEC.20. Amended by P.L.108-2013, SEC.2.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 27. Levees, Dams, and Drainage
14-27-3-1. Duties of Superintendent of Construction
14-27-3-2. Laborer's and Materialman's Liens
14-27-3-3. Pro Rata Distribution of Excess Money
14-27-3-4. Assessments; Defect in Proceedings Not Defeating Collection
14-27-3-5. Assessments; Petition for Additional Assessments
14-27-3-6. Assessments; Supplemental Petitions
14-27-3-7. Levee Repair and Maintenance; Records; Warrants
14-27-3-8. Apportionment and Assessment of Costs of Repairs
14-27-3-8.5. Appointed Levee Committee Members
14-27-3-9. Notice of Assessments
14-27-3-10. Appeal of Assessment; Bond; Summons; Pleadings
14-27-3-11. Appeal of Assessment; Proceedings
14-27-3-12. Appeal of Assessment; Costs
14-27-3-13. Assessments; Certified Copy; Placement on Tax Duplicate; Applicability of Statutes
14-27-3-14. Preservation and Protection of Levee
14-27-3-15. Additions to or Protection of Levee Upon Petition of Landowners
14-27-3-16. Pumping or Removal of Water Upon Petition of Landowners
14-27-3-17. Applicability of Statutes Regarding Assessments