Indiana Code
Chapter 6. Levee Authority in Vanderburgh County
14-27-6-35. Eminent Domain Powers; Rights of Board and Landowners

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

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

14-27-6-2. "Board" Defined

14-27-6-3. "Gate" Defined

14-27-6-4. "Levee" Defined

14-27-6-5. "Pumping Station" Defined

14-27-6-6. Ordinance Establishing Levee Authority

14-27-6-7. Board; Executive and Legislative Powers

14-27-6-8. Board; Members

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

14-27-6-17. Board; Officers

14-27-6-18. Board; Office and Records

14-27-6-19. Board; Meetings

14-27-6-20. Board; Quorum

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

14-27-6-45. Audits

14-27-6-46. Budgets; Tax Levies

14-27-6-47. Assessment and Collection of Tax Levies

14-27-6-48. Cumulative Building Fund

14-27-6-49. Board of Finance

14-27-6-50. Public Purpose

14-27-6-51. Expenses

14-27-6-52. Repealed