Indiana Code 14-26-8-25. Surveyor; notice of hearing
(1) not less than thirty (30); or
Terms Used In Indiana Code 14-26-8-25
- 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.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. 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
days after the surveyor’s preliminary report has been filed for the surveyor’s hearing on the report.
(b) The surveyor shall, within five (5) days after the date for the hearing is set, notify by registered mail, return receipt requested, all owners of land abutting upon or within four hundred forty (440) yards of the shoreline or water line of the lake. The return receipts are prima facie evidence of notice. The notice must give a brief description of the following:
(1) The project.
(2) The project’s location.
(3) A description of the owners’ land that is assessed or damaged, if any.
(4) The amount of assessment or damages, if any.
(5) The date and place of the hearing.
(c) If the residence of a landowner cannot be ascertained or if a mailed notice is returned undelivered, the surveyor shall publish notice to all persons in this category by one (1) publication:
(1) in a newspaper of general circulation published and printed in the county in which the lake lies; or
(2) if a paper is not published in the county, in a newspaper in an adjoining county;
at least ten (10) days before the date fixed for the hearing.
(d) The mailed and published notices must notify the owners that all remonstrances and claims for compensation or damages must be filed in writing with the clerk on or before the day of the surveyor’s hearing.
(e) The clerk shall notify the surveyor of the receipt of remonstrances or claims on or before the day of the surveyor’s hearing.
(f) The surveyor shall file the following:
(1) Proof of publication of the published notice in the form of a publisher’s affidavit.
(2) Proof of the mailed notice by return receipts.
[Pre-1995 Recodification Citation: 13-2-18-9.]
As added by P.L.1-1995, SEC.19.