Indiana § 36-9-29-18 - Plans and specifications; preparation, adoption, and filing; objections; hearing; judgment or decree

§ 36-9-29-18. Plans and specifications; preparation, adoption, and filing; objections; hearing; judgment or decree

Sec. 18. (a) After its organization, the flood control board shall prepare and adopt:

(1) plans and specifications for the flood control works to be constructed or installed by or for the flood control district;

(2) estimates of the cost of that part of the works to be contracted for or constructed at the expense of the district;

(3) maps and plats showing the general scope of the works and the boundaries of all lands considered necessary to be acquired for the works or that will be injuriously affected in connection with the construction of the works; and

(4) an acquisition and damage roll showing the separate descriptions of all land and other property to be acquired or injuriously affected by the construction and installation of the works, and an estimate of the total cost of the acquisition or damages.

It is not necessary to prepare, adopt, and file the plans, specifications, and other items required by this section at one (1) time.

(b) In adopting plans under this section, the flood control board, with the approval of the circuit court, may deviate from the general plans approved at the time of the establishment of the district if the board finds that:

(1) it is not practicable to construct or install the works in accordance with that plan; or

(2) the deviation will provide greater protection.

(c) Upon adoption of the plans, specifications, and other items, one (1) copy shall be placed on file at the flood control board's office, and one (1) copy shall be filed in the office of the clerk of the circuit court. These copies are open to inspection by the public. The board shall have notice of the filing published in accordance with IC 5-3-1. The board shall file proofs of publication of the notice with the clerk of the court. The notice must refer to the title and number of the cause in which the district was established and state that the plans, specifications, estimates, maps, plats, and roll required by this section are on file at the offices of the board and clerk of the court, and may be inspected by all interested parties.

(d) Any person owning property injuriously affected by the construction or installation of the proposed flood control works may file separate objections with the circuit court within fifteen (15) days after the first publication of notice under subsection (c). The sole ground of objection is that, due to an unnecessary deviation from the general plan approved at the time of the establishment of the district, the property of the objectors will be injuriously affected or should not be included in the district. The court shall set the objections for hearing without delay, hear evidence, and determine the facts. However, the filing of objections does not delay or interfere with the letting of contracts or the construction of the flood control works, except to the extent that the court may direct by temporary order before the hearing or by judgment after the hearing.

(e) If, after a hearing under subsection (d), the court finds that there has been an unnecessary deviation from the general plan approved at the time of the establishment of the district, or that any of the property included in the district as originally established should be eliminated from the district, the court shall:

(1) render judgment accordingly; and

(2) enter a decree:

(A) setting out the deviation to be corrected; and

(B) describing, by metes and bounds, the property eliminated.

A copy of the decree shall be entered in the records of the board, and the plans shall be changed to meet the requirements of the decree.

[Pre-Local Government Recodification Citation: 19-4-18-9.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.45, SEC.89.