Sec. 63. If:

(1) the construction of a dam, other structure, diversion ditch, pumping station, or other appurtenance in connection with the preservation or stabilization of a lake is petitioned for under section 62 of this chapter in connection with a drainage proceeding; and

Terms Used In Indiana Code 14-26-8-63

  • 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

(2) in the county surveyor’s opinion, the improvement to the lake will:

(A) be beneficial to any person affected by the drainage project; or

(B) in any way provide better drainage than if the water level of the lake is left uncontrolled or undisturbed;

the county surveyor for the drainage project may assess a part of the cost of the improvement that would normally be paid by those persons who own land abutting or within four hundred forty (440) yards of the shoreline or water line of the lake to any person affected by the drainage project.

[Pre-1995 Recodification Citation: 13-2-18-23(d).]

As added by P.L.1-1995, SEC.19. Amended by P.L.57-2013, SEC.17.

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