Sec. 47. (a) Except as provided in subsections (b) and (c), the attorney‘s fees paid may not exceed four percent (4%) of the estimated cost of construction.

     (b) If an appeal is taken or other extra proceedings are conducted, the court may allow a reasonable additional amount for the extra legal services actually provided.

Terms Used In Indiana Code 14-26-8-47

  • 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.
  • 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
  • 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

     (c) If:

(1) the aggregate cost is less than one thousand five hundred dollars ($1,500); and

(2) the petition is filed separately by the owners of land abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake;

the court shall fix a reasonable amount instead of the four percent (4%) for the petitioners’ attorney’s fees.

[Pre-1995 Recodification Citation: 13-2-18-17 part.]

As added by P.L.1-1995, SEC.19.