CHAPTER 3. CONTROL OF LEVEES
IC 14-27-3
Chapter 3. Control of Levees
IC 14-27-3-1
Duties of superintendent of construction
Sec. 1. (a) The superintendent of construction of the work shall dothe following:
(1) Keep an account of all money collected and paid out by thesuperintendent in relation to the work.
(2) Take vouchers for all money paid out.
(3) Keep an account of time spent on the superintendent'sduties. If the superintendent is engaged in at least two (2) workson the same day, the superintendent shall divide the day amongthe works in proportion to the time devoted to each.
(4) At least one (1) time every six (6) months, make under oathto the court a full report of all matters relating to the work. Thecourt shall allow the superintendent an amount not exceedingfour dollars ($4) per day for the time actually and necessarilyspent by the superintendent on the work.
(b) The superintendent is under the direction of the court. If thesuperintendent fails to obey the orders of the court, thesuperintendent:
(1) forfeits all compensation due the superintendent;
(2) shall be treated summarily as for contempt; and
(3) may be removed by the court.
(c) An action may also be brought upon the superintendent's bond,in the name of the state of Indiana, for a failure of duty, and theamount recovered shall be applied to payment of the expenses of theconstruction.
(d) The court may at any time discharge the superintendent andappoint another superintendent.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-2
Laborer's and materialman's liens
Sec. 2. (a) All laborers and other persons who perform a serviceor furnish materials in the construction of the work under this chapterhave a lien upon the fund raised for the construction of the work.Upon notice in writing filed with the county treasurer of the amountdue and what the amount is for, the treasurer shall withhold paymentto the contractor on any warrant drawn in the contractor's favor in anamount sufficient to satisfy the lien, until the amount is adjusted.
(b) If the contractor and the person claiming the lien disagree onthe amount or validity of the lien, the court shall, on motion of thesuperintendent, contractor, or person claiming the lien, determine thematter.
(c) On failure to comply with this section, the superintendent isliable on the superintendent's bond for any amount improperly paidover to the contractor.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-3
Pro rata distribution of excess money
Sec. 3. If money remains after the payment of the cost of theconstruction of the work and expenses connected with the work, themoney shall be distributed, pro rata, according to the amount paid bythe owners of the land and the corporations assessed for the work.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-4
Assessments; defect in proceedings not defeating collection
Sec. 4. The collection of assessments is not defeated by reason ofa defect in the proceeding occurring before the judgment of the courtapproving and confirming the assessment of benefits and damagesand ordering the work established if the court had jurisdiction. Thejudgment is conclusive that all prior proceedings were regular andaccording to law. A person may not, at any stage of the proceedings,take advantage of an error, a defect, or an informality that does notdirectly affect the person. If the court releases a person of liability ormodifies the person's assessment, the act of the court does not affectthe rights or liabilities of any other person.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-5
Assessments; petition for additional assessments
Sec. 5. (a) If it appears that the assessment of benefits isinsufficient to complete the work and pay expenses in connectionwith the work, the superintendent of construction may file a petitionasking the court for an additional assessment. Five (5) days notice ofthe filing of the petition shall be given to each person assessed forthe work or to the attorney of record of the person. The notice shallbe given and served in the same manner as the notice of filing of theoriginal petition.
(b) On or before the expiration of the five (5) days notice, aninterested person may file an answer or objection to the petition.
(c) The court may:
(1) after:
(A) the expiration of the time; or
(B) hearing the answer or objection if an answer or objectionis filed; and
(2) if satisfied of the necessity;
make an additional assessment on all land originally assessed asbenefited and in proportion to the original assessment. The additionalassessments, or as much of the additional assessments that arenecessary, are first liens upon the land against which the additionalassessments are assessed and shall be collected as provided for theoriginal assessments.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-6
Assessments; supplemental petitions Sec. 6. (a) The superintendent of construction or a personinterested in the work may also file with the court a supplementalpetition showing that land not assessed for benefits or damages isaffected by the work whether or not the land is described in thepetition or in either report of the commissioners. Notice of thesupplemental petition shall be given as provided for filing theoriginal petition.
(b) The court shall refer the supplemental petition to thecommissioners to report on the supplemental petition. Allproceedings may be had and orders and decrees made, including theconstruction of additional arms or branches, as if the supplementalpetition were an original petition. However, the proceedings on thesupplemental petition do not affect the original petition unless thecourt, for good cause, orders the petitions consolidated. An order toconsolidate the petitions, however, may not delay the original work.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-7
Repairs to levees; records; warrants
Sec. 7. (a) The committee placed in charge of the levee may makeall necessary repairs to the levee that are necessary to keep the leveein original condition. If it becomes necessary for the safety of thelevee to change the line and location of the levee at any point inmaking the repairs, the committee may make the change. However,the committee may not change or relocate the general line or locationof the levee.
(b) The committee shall do the following:
(1) Keep a record of the committee's proceedings.
(2) Note in the record all expenses incurred in making therepairs.
(3) File with the county auditor a statement showing the costand expenses of making the repairs, specifying the amounts dueeach person.
(c) The auditor shall draw a warrant on the county treasurer infavor of each person for the amount due the person. The amountsshall be paid out of the county revenue but reimbursed to the county.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-8
Apportionment and assessment of costs of repairs
Sec. 8. To raise the necessary money to reimburse the county, thecommittee shall apportion and assess the costs upon the land andcorporations to be benefited by the repairs in proportion to thebenefits. The costs may not exceed the benefits. However, if therepairs have been made necessary by the act or negligence of:
(1) the owner or occupant of land; or
(2) an employee or agent of the owner or occupant;
the cost of the repairs shall be assessed against that land alone.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-9
Notice of assessments
Sec. 9. (a) The committee shall, within five (5) days after makingan assessment, post written notices as follows:
(1) In three (3) public places in the township where the landassessed is situated, near to the work done.
(2) One (1) at the door of the courthouse of each county inwhich the land is situated.
(b) The committee shall note in the record in the committee'soffice the time and place of posting of each notice.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-10
Appeal of assessment; bond; summons; pleadings
Sec. 10. (a) A person assessed may appeal the assessment to thecircuit or superior court of the county in which the proceedings forthe construction of the work were held by filing with the clerk of thecourt, within ten (10) days after the date of posting the notices, anappeal bond:
(1) payable to the committee in the amount of two (2) times theassessment;
(2) with surety to the approval of the clerk; and
(3) conditioned that the person will prosecute the appeal andpay all costs that are adjudged against the person.
(b) The clerk shall issue a summons for the committee served bythe sheriff.
(c) The committee shall file with the clerk the following:
(1) A copy of the record of the assessment for the repairs.
(2) The notice of the assessment.
(3) A statement showing when and where the notices wereposted.
(d) Other pleadings are not necessary.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-11
Appeal of assessment; proceedings
Sec. 11. (a) The appeal shall be tried by the court without a jury.A change of venue from the judge but not from the county isallowed. The only questions tried are the following:
(1) Whether the repairs are necessary.
(2) What is the cost of the repairs.
(3) Whether the appellant's land is benefited by the repairs.
(4) If the appellant's land is benefited, what part of the costsshould be assessed against the land of the appellant.
(b) The decision of the court may not be appealed.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-12
Appeal of assessment; costs
Sec. 12. (a) If the court reduces the assessment against the land of
the appellant at least twenty percent (20%), all the costs of the appealshall be added to the assessment and shall be assessed upon the tractsof land in the same proportion as the original assessment.
(b) If the court does not reduce the assessment of the appellant atleast twenty percent (20%), the appellant must pay all costs of theappeal.
(c) If more than one (1) person appeals, the cases shall beconsolidated and tried together and the costs apportioned as justicerequires.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-13
Assessments; certified copy; placement on tax duplicate;applicability of statutes
Sec. 13. (a) The:
(1) clerk of the court, when an appeal is disposed of; or
(2) committee, if an appeal is not taken;
shall make a certified copy of the assessment as confirmed by thecourt in an appeal or as made originally if an appeal is not taken. Theclerk or committee shall file the certified copy with the auditor of thecounty in which the proceedings are held.
(b) The auditor shall place the assessments against each tract ofland upon the next succeeding tax duplicate. The assessment is a lienfrom the time of posting the original notices of the assessments andshall be collected as other state and county taxes are collected.
(c) All statutes regulating:
(1) the payment and collection of state and county taxes;
(2) the assessment of penalties and interest; and
(3) the sale of property for delinquent taxes;
apply to the payment and collection of assessments that are placedupon the tax duplicates under this section.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-14
Preservation and protection of levee
Sec. 14. (a) The committee in charge of a levee may preserve andprotect the levee, including a strip of land ten (10) feet in width onthe inside of the levee.
(b) If the committee determines that the preservation of the leveeor a part of the levee requires that the levee should be fenced, thecommittee may have suitable fences erected along the levee.
(c) The committee may also do the following:
(1) Adopt the means necessary to keep the levee free fromsprouts, grass, weeds, briers, and other growth.
(2) Sow grass seed on the levee.
(3) Use the means necessary to protect the levee from varmintsor burrowing animals.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-15 Additions to or protection of levee upon petition of landowners
Sec. 15. If requested by a petition signed by a majority of theowners of land protected by the levee, the committee in charge of alevee may do the following:
(1) Make additions to the levee by increasing the height orwidth of the levee.
(2) Protect against the encroachment of a stream and take allnecessary steps to protect and prevent the washing and cuttingaway of the banks of the stream by the construction of a suitablework that will prevent the washing or cutting of the banks.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-16
Pumping or removal of water upon petition of landowners
Sec. 16. If requested in writing by a majority of interestedlandowners, the committee in charge of a levee may pump out orremove from land protected by the levee water that collects andremains standing on the land and that does not have a means ofoutlet. For this purpose the committee may purchase pumps or adoptother suitable means for the removal of the water.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-17
Applicability of statutes regarding assessments
Sec. 17. All of the provisions of sections 7 through 13 of thischapter concerning:
(1) the payment of the cost of repairs of levees;
(2) the making of assessments for the cost;
(3) the right of appeal from the assessments; and
(4) the manner of collecting the assessments;
apply to work done under sections 14, 15, and 16 of this chapter.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-18
Minimum annual assessment
Sec. 18. Notwithstanding the percent of benefit assessmentdetermined by a levee committee under Acts 1907, c.223, s.8 1/2, asadded by Acts 1941, c.159, s.1, as amended, and as preserved fromrepeal under certain circumstances by section 19 of this chapter, theminimum annual amount to be imposed for levee purposes upon atract of land benefited by the levee may not be less than five dollars($5).
As added by P.L.1-1995, SEC.20.
IC 14-27-3-19
Effect of recodification
Sec. 19. A levee district or association that was created under astatute that was repealed by IC 19-3-2-106 (recodified asIC 13-2-19.5-9 before its repeal, and later recodified as this section):
(1) is not affected by the repeal; and (2) may continue to exist as if the statute had not been repealed.
As added by P.L.1-1995, SEC.20.