Sec. 8. (a) To raise the necessary money to reimburse the county, the committee in charge of a levee shall apportion and assess the costs upon the land and corporations to be benefited by the repairs in proportion to the benefits not more than ninety (90) days after filing the statement of costs and expenses for repairs under section 7(b)(3) of this chapter. The costs may not exceed the benefits. However, if the repairs 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.

     (b) If a committee in charge of a levee:

(1) before July 1, 2013, has filed the statement of costs and expenses for repairs under section 7(b)(3) of this chapter; and

(2) has not:

(A) reimbursed the county for the costs and expenses for repairs to the levee; or

(B) apportioned and assessed the costs upon the land and corporations benefited by the repairs as required in subsection (a);

the committee in charge of a levee shall, before September 29, 2013, apportion and assess the costs upon the land and corporations benefited by the repairs as required by subsection (a).

[Pre-1995 Recodification Citation: 13-2-19.5-3(c).]

As added by P.L.1-1995, SEC.20. Amended by P.L.108-2013, SEC.2.