Sec. 24. (a) The cost of the improvement asked for in the petition shall be paid as follows:

(1) If the petition is filed separately by the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of the lake, proportionately to the benefits received by the owners.

Terms Used In Indiana Code 14-26-8-24

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • shoreline or water line: means the line that is formed around a lake by the intersection of the water in the lake with the adjoining land when the surface elevation of the lake is:

    Indiana Code 14-26-8-2

  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) If the petition is filed jointly by the owners of land abutting upon the lake and the department or the commissioners of each county in which the lake lies or separately by the department or the commissioners of each county in which the lake lies, as follows:

(A) Twenty-five percent (25%) of the cost of the improvement shall be paid by the property owners abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake.

(B) Twenty-five percent (25%) of the cost shall be paid by the county.

(C) Fifty percent (50%) of the cost shall be paid by the department.

     (b) The county surveyor shall apportion the cost of the project accordingly in the surveyor’s report and notices of assessments and damages shall be sent to all affected parties as prescribed in section 25 of this chapter.

     (c) If the lake lies in at least two (2) counties, the cost to be paid by each county must be proportionate to the area of the lake that lies in each county. For the purpose of determining the area of the lake that lies in each county, the professional surveyor may use aerial photographs made by the United States Department of Agriculture.

[Pre-1995 Recodification Citation: 13-2-18-8.]

As added by P.L.1-1995, SEC.19. Amended by P.L.57-2013, SEC.13.