Sec. 35. (a) In a proceeding prosecuted by the board to condemn or appropriate:
(1) land;
(2) the use of land; or
(3) a right in land;
for purposes permitted by this chapter, the board and all owners and holders of property or rights in property sought to be taken are governed by and have the same rights concerning procedure, notices, hearings, assessments of benefits and awards, and payments of benefits and awards that are prescribed by law for the appropriation and condemnation of real property.
(b) The property owners have the same powers and rights to:
(1) remonstrate; and
(2) appeal;
to the circuit or superior courts with jurisdiction in the county in which the district is located that are provided by law for the appropriation and condemnation of real property.
(c) An appeal:
(1) only affects the amount of the assessment of awards of the person appealing; and
(2) shall be taken in conformity with the laws relating to appeals. However, the payment of all damages awarded for land, property, or interests or rights in property appropriated under this chapter shall be paid entirely out of money under the control of the board.
[Pre-1995 Recodification Citation: 13-2-31-18(c).]
As added by P.L.1-1995, SEC.20.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 27. Levees, Dams, and Drainage
Chapter 6. Levee Authority in Vanderburgh County
14-27-6-1. Application of Chapter
14-27-6-5. "Pumping Station" Defined
14-27-6-6. Ordinance Establishing Levee Authority
14-27-6-7. Board; Executive and Legislative Powers
14-27-6-9. Board; Eligibility of Members
14-27-6-10. Board; Appointment of Members; First Meeting
14-27-6-11. Board; Terms of First Members
14-27-6-12. Board; Filling of Vacancy Upon Expiration of Term
14-27-6-13. Board; Filling of Vacancy Upon Resignation
14-27-6-14. Board; Terms of Members
14-27-6-15. Board; Restrictions on Members
14-27-6-16. Board; Compensation of Members
14-27-6-18. Board; Office and Records
14-27-6-21. Board; Record of Proceedings
14-27-6-22. Board; Rules of Procedure
14-27-6-23. Board; Supervision of Internal Affairs
14-27-6-24. Proposed Drafts of Ordinances
14-27-6-25. Notice of Pending Action on Proposed Drafts
14-27-6-26. Meetings to Take Action on Proposed Drafts
14-27-6-27. Public Meeting Required
14-27-6-28. Effective Dates of Ordinances
14-27-6-29. Copies of Ordinances
14-27-6-30. General Powers of Board
14-27-6-31. Letting of Contracts; Bidding
14-27-6-32. Recovery of Damages or Possession of Property
14-27-6-33. Eminent Domain Powers; Generally
14-27-6-34. Eminent Domain Powers; Land Already in Public Use
14-27-6-35. Eminent Domain Powers; Rights of Board and Landowners
14-27-6-36. Eminent Domain Powers; Taking Possession; Abandonment; Acquisition of Other Land
14-27-6-37. Eminent Domain Powers; Description of Land; Statement of Purpose
14-27-6-38. General Obligation Bonds; Issuance
14-27-6-39. General Obligation Bonds; Sale
14-27-6-40. General Obligation Bonds; Applicability of Ic 5-1 and Ic 6-1.1-20
14-27-6-41. General Obligation Bonds; Payment; Tax Exemption
14-27-6-42. Tax Anticipation Loans
14-27-6-43. Treasurer; Appointment, Powers, and Duties
14-27-6-44. Treasurer; Report of Accounts
14-27-6-46. Budgets; Tax Levies
14-27-6-47. Assessment and Collection of Tax Levies