§ IC 36-9-27-50. Reconstruction of drains; preparation of schedule of assessments and damages
Sec. 50. When the county surveyor files a reconstruction report, he shall consult with the board, and the board shall take the following actions:
(1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the reconstruction, and the name and address of the owner of the land. The name, address, and description shall be taken from the surveyor’s report. The board shall enter in the assessment schedule the percentage of the total cost of the reconstruction to be assessed against each tract of land, with the percentage to be based upon the benefit accruing to the land from the reconstruction. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.
Terms Used in Indiana Code 36-9-27-50
Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. See Indiana Code 36-9-27-2
(2) Determine the amount of damages sustained by any owner as a result of the reconstruction, and prepare a schedule of damages containing:
(A) the name and address of each owner determined to be damaged and a description of the owner’s land, as shown by the surveyor’s report;
(B) the amount of each owner’s damages; and
(C) an explanation of the injury upon which the determination was based. The surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in his report, and the result constitutes the total estimated cost of the reconstruction.
(3) Set forth the amount of each owner’s assessment based on the total estimated cost of the reconstruction.
(4) Set forth the amount of each owner’s annual assessment based on the estimated periodic maintenance cost of the reconstruction. The percentage used in computing the annual assessment may, but need not be, the same for each tract of land as the percentage used in computing the general assessment. The board may consider the factors listed in section 112 of this chapter in preparing the schedules. As added by Acts 1981, P.L.309, SEC.101.