Terms Used In Indiana Code > Title 14 > Article 33 - Conservancy Districts

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Bench trial: Trial without a jury in which a judge decides the facts.
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• commercial licensee: means a business entity granted a license by the utility owner to install and construct marinas, boat docks, and beaches adjacent to the shore line of the reservoir located within the boundaries of a reservoir conservancy district. See Indiana Code 14-33-24-1
• commission: refers to the Indiana utility regulatory commission. See Indiana Code 14-33-20-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Dependent: A person dependent for support upon another.
• Docket: A log containing brief entries of court proceedings.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• freeholder: means an owner of real property, as reflected in the real property tax records of the county auditor;

  Indiana Code 14-33-16.5-2

• fund: refers to a cumulative maintenance fund established under this chapter. See Indiana Code 14-33-14-3
• fund: refers to a cumulative improvement fund established under this chapter. See Indiana Code 14-33-21-1
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• larger district: means , of the two (2) districts referred to in section 1 of this chapter, the one (1) that has the larger number of freeholders; and

  Indiana Code 14-33-16.5-2

• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• political subdivision: shall mean any county, township, city, and town. See Indiana Code 4-1-4-1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• primary water recreation facility: means the part or parts of the reservoir located within the boundaries of a reservoir conservancy district that are suitable for recreational use by watercraft. See Indiana Code 14-33-24-2
• Probate: Proving a will
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• reservoir: means a body of water created by the construction of a dam, embankment, or other structure. See Indiana Code 14-33-24-3
• reservoir conservancy district: refers to a conservancy district established under this chapter. See Indiana Code 14-33-24-4
• Service of process: The service of writs or summonses to the appropriate party.
• sewage: means the water carried wastes:

  Indiana Code 14-33-22-2

• sewerage system: means plants, works, systems, facilities, or properties used or having the capacity for use in connection with the:

  Indiana Code 14-33-22-3

• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• smaller district: means , of the two (2) districts referred to in section 1 of this chapter, the one (1) that has the smaller number of freeholders. See Indiana Code 14-33-16.5-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• user: means a person or governmental entity that is the owner or occupant of real property, a part of which is connected to a sewerage system operated by a district. See Indiana Code 14-33-22-4
• utility owner: refers to a utility that:

  Indiana Code 14-33-24-5

• Verdict: The decision of a petit jury or a judge.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• water supply: include the following:

  Indiana Code 14-33-20-3

• works: means a sewage treatment plant, intercepting sewers, main sewers, submain sewers, local and lateral sewers, outfall sewers, force mains, pumping stations, ejector stations, and other appurtenances that are:

  Indiana Code 14-33-22-5