Sec. 7. (a) In determining the existence and amount of exceptional benefits resulting from the accomplishment of the purpose of:
(1) flood prevention and control;
(2) improving drainage; or
(3) both;
for a district having a district plan incorporating a watershed work plan prepared in cooperation with the United States Secretary of Agriculture under the federal Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001 et seq.), the appraisers shall be guided in their determination of what real property receives exceptional benefits by the studies of the United States Natural Resources Conservation Service regarding land to be benefited that have been incorporated onto a map of the watershed and made a part of the district plan.
(b) The only other real property that the appraisers may consider as exceptionally benefited is real property that has a higher and better use as an incidental result of the works of improvement.
[Pre-1995 Recodification Citation: 13-3-3-61(g).]
As added by P.L.1-1995, SEC.26.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 33. Conservancy Districts
Chapter 8. Board of Appraisers
14-33-8-1. Appointment; Duties
14-33-8-2. Oath; Quorum; Vacancies; Compensation
14-33-8-3. Necessary Assistance Furnished to Appraisers
14-33-8-4. Damages; Eminent Domain
14-33-8-5. Appraisal of Damages to Property
14-33-8-6. Determination of Exceptional Benefits
14-33-8-7. Exceptional Benefits From Flood Prevention and Control or Improved Drainage
14-33-8-8. Exceptional Benefits From Sewage Collection, Treatment, and Disposal
14-33-8-10. Contents of Report
14-33-8-11. Sewer Main Installation as Exceptional Benefit
14-33-8-13. Acceptance of Appraisal; Acquiescence in Failure to Appraise Damages; Exceptions
14-33-8-14. Exceptions to Board of Appraisers' Report
14-33-8-15. Board's Determinations as Prima Facie Correct
14-33-8-16. Amendment of Board's Report; Court Order
14-33-8-17. Approval of Report; Payment of Appraisal; Possession of Appropriated Property