Indiana § 36-9-27-62 - Establishing new regulated drains; preparation of schedule of assessments; determination of damages

§ 36-9-27-62. Establishing new regulated drains; preparation of schedule of assessments; determination of damages

Sec. 62. (a) When the county surveyor has completed the maps, profiles, and plans required by section 61 of this chapter, the county surveyor shall meet with the board, and the board shall take the following actions:

(1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the proposed drain and the name and address of the owner of the land. The name, address, and description shall be taken from the petition. The board shall enter in the assessment schedule the percentage of the total cost of the drain to be assessed against each tract of land. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.

(2) Determine the amount of damages sustained by all owners as a result of the proposed drain, and prepare a schedule of damages containing:

(A) the name and address of each owner determined to be damaged and a description of the owner's land, as shown by the petition;

(B) the amount of each owner's damages; and

(C) an explanation of the injury upon which the determination was based.

The county surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in the county surveyor's report, and the result constitutes the total estimated cost of the proposed drain.

(3) Set forth the amount of each owner's assessment based on the total estimated cost of the proposed drain.

(4) Set forth the amount of each owner's annual assessment based on the estimated periodic maintenance cost of the proposed drain. The percentage used in computing the annual assessment may, but need not, be the same for each tract of land as the percentage used in computing the general assessment.

The board may consider the factors listed in section 112 of this chapter in preparing the schedules.

(b) If land that was not included in the petition is determined to be benefited or damaged, the names of the owners and a description of the land shall be taken from the tax duplicates or record of transfers of the county.

[Pre-Local Government Recodification Citation: 19-4-2-11.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.350.