CHAPTER 6. ENCLOSURE OF LAND SUBJECT TO FLOODING

IC 32-26-6
    Chapter 6. Enclosure of Land Subject to Flooding

IC 32-26-6-1
Petition; inspection; assessment
    Sec. 1. (a) The owners of real property in a county who own themajor portion of the property in the county that is:
        (1) improved and used for purposes of agriculture;
        (2) in an area that is:
            (A) definitely described by sections or subdivisions ofsections; or
            (B) sufficiently described by metes and bounds; and
        (3) situated upon or near, and subject to overflow from:
            (A) a stream;
            (B) a watercourse;
            (C) a lake;
            (D) a pond; or
            (E) a marsh;
may petition the board of commissioners of the county, askingpermission to enclose the properties within one (1) general fence thathas swinging gates on all public highways crossed by the fence. Apetition under this subsection must set forth the kind of fence andgates desired.
    (b) Upon the receipt of a petition under subsection (a), the boardof county commissioners shall appoint as viewers three (3) reputablehouseholders of the county who are not related by blood or marriageto any of the parties interested in the subject of the petition. Afterbeing sworn to faithfully and fairly perform the services required ofthem, the viewers shall proceed:
        (1) within a reasonable time after the viewers' appointment; and
        (2) after giving publication of the viewers' intention by postingwritten or printed notices describing the properties in thetownships where the properties are located;
to inspect the properties and make an assessment against the ownersof the properties for the cost of the fence.
    (c) The cost of the fence shall be apportioned between the ownersof the properties severally according to the number of acres ofimproved land owned by each owner and the benefits accruing to theowners severally because of the fence.
As added by P.L.2-2002, SEC.11.

IC 32-26-6-2
Reports of viewers; order to erect or construct fence
    Sec. 2. (a) After having performed the duties required undersection 1 of this chapter, the viewers shall, as soon as practicable,submit a report in writing to the board of county commissioners ofthe viewers' actions and a tabular statement of the viewers'assessment. The report submitted under this section is sufficientauthority for the board of county commissioners to issue an order forthe erection or construction of the fence and gates if there is no

remonstrance against the erection of the fence and gates.
    (b) If a remonstrance is made under subsection (a), the board ofcounty commissioners may order or refuse to order the erection ofthe fence or gate, in the board's discretion.
    (c) If the order under subsection (a) is not made because of amistake or error committed by the viewers, other viewers may beappointed to perform the same service and submit a report.
As added by P.L.2-2002, SEC.11.

IC 32-26-6-3
Affidavit of unpaid assessments
    Sec. 3. (a) A certified copy of the report of the viewers, asapproved by the board of commissioners, shall be filed in the officeof the county auditor.
    (b) Thirty (30) days after the fence and gates described in section1 of this chapter have been constructed, any person interested in thefence and gates may make an affidavit before the county auditorshowing which property owners have not paid their severalassessments. The county auditor shall enter the sums assessed againstthe delinquent persons upon the tax duplicate to be collected by thetreasurer as other taxes are collected. When the assessments havebeen collected, the money shall be paid out to the property ownerswho have voluntarily paid the cost of the fence, in proportion to theamount of the property owners' several assessments.
As added by P.L.2-2002, SEC.11.

IC 32-26-6-4
Surveyors; compensation of viewers
    Sec. 4. The viewers appointed under this chapter may, ifnecessary, employ a surveyor, who shall be paid for the surveyor'sservices as may be agreed upon. The board of county commissionersshall fix the compensation of the viewers for their services. Theentire cost and expenses of the proceedings are a part of the cost ofthe erection of the fence and gates and shall be collected in the samemanner.
As added by P.L.2-2002, SEC.11.

IC 32-26-6-5
Stock running at large
    Sec. 5. A person who owns property enclosed under this chaptermay not allow stock to run at large upon the enclosed property duringthe period beginning March 16 and ending December 25 of any year.
As added by P.L.2-2002, SEC.11.