CHAPTER 3. CONTROL OF LEVEES
IC 14-27-3
Chapter 3. Control of Levees
IC 14-27-3-1
Duties of superintendent of construction
Sec. 1. (a) The superintendent of construction of the work shall do
the following:
(1) Keep an account of all money collected and paid out by the
superintendent in relation to the work.
(2) Take vouchers for all money paid out.
(3) Keep an account of time spent on the superintendent's
duties. If the superintendent is engaged in at least two (2) works
on the same day, the superintendent shall divide the day among
the works in proportion to the time devoted to each.
(4) At least one (1) time every six (6) months, make under oath
to the court a full report of all matters relating to the work. The
court shall allow the superintendent an amount not exceeding
four dollars ($4) per day for the time actually and necessarily
spent by the superintendent on the work.
(b) The superintendent is under the direction of the court. If the
superintendent fails to obey the orders of the court, the
superintendent:
(1) forfeits all compensation due the superintendent;
(2) shall be treated summarily as for contempt; and
(3) may be removed by the court.
(c) An action may also be brought upon the superintendent's bond,
in the name of the state of Indiana, for a failure of duty, and the
amount recovered shall be applied to payment of the expenses of the
construction.
(d) The court may at any time discharge the superintendent and
appoint another superintendent.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-2
Laborer's and materialman's liens
Sec. 2. (a) All laborers and other persons who perform a service
or furnish materials in the construction of the work under this chapter
have a lien upon the fund raised for the construction of the work.
Upon notice in writing filed with the county treasurer of the amount
due and what the amount is for, the treasurer shall withhold payment
to the contractor on any warrant drawn in the contractor's favor in an
amount sufficient to satisfy the lien, until the amount is adjusted.
(b) If the contractor and the person claiming the lien disagree on
the amount or validity of the lien, the court shall, on motion of the
superintendent, contractor, or person claiming the lien, determine the
matter.
(c) On failure to comply with this section, the superintendent is
liable on the superintendent's bond for any amount improperly paid
over to the contractor.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-3
Pro rata distribution of excess money
Sec. 3. If money remains after the payment of the cost of the
construction of the work and expenses connected with the work, the
money shall be distributed, pro rata, according to the amount paid by
the owners of the land and the corporations assessed for the work.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-4
Assessments; defect in proceedings not defeating collection
Sec. 4. The collection of assessments is not defeated by reason of
a defect in the proceeding occurring before the judgment of the court
approving and confirming the assessment of benefits and damages
and ordering the work established if the court had jurisdiction. The
judgment is conclusive that all prior proceedings were regular and
according to law. A person may not, at any stage of the proceedings,
take advantage of an error, a defect, or an informality that does not
directly affect the person. If the court releases a person of liability or
modifies the person's assessment, the act of the court does not affect
the rights or liabilities of any other person.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-5
Assessments; petition for additional assessments
Sec. 5. (a) If it appears that the assessment of benefits is
insufficient to complete the work and pay expenses in connection
with the work, the superintendent of construction may file a petition
asking the court for an additional assessment. Five (5) days notice of
the filing of the petition shall be given to each person assessed for
the work or to the attorney of record of the person. The notice shall
be given and served in the same manner as the notice of filing of the
original petition.
(b) On or before the expiration of the five (5) days notice, an
interested person may file an answer or objection to the petition.
(c) The court may:
(1) after:
(A) the expiration of the time; or
(B) hearing the answer or objection if an answer or objection
is filed; and
(2) if satisfied of the necessity;
make an additional assessment on all land originally assessed as
benefited and in proportion to the original assessment. The additional
assessments, or as much of the additional assessments that are
necessary, are first liens upon the land against which the additional
assessments are assessed and shall be collected as provided for the
original assessments.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-6
Assessments; supplemental petitions
Sec. 6. (a) The superintendent of construction or a person
interested in the work may also file with the court a supplemental
petition showing that land not assessed for benefits or damages is
affected by the work whether or not the land is described in the
petition or in either report of the commissioners. Notice of the
supplemental petition shall be given as provided for filing the
original petition.
(b) The court shall refer the supplemental petition to the
commissioners to report on the supplemental petition. All
proceedings may be had and orders and decrees made, including the
construction of additional arms or branches, as if the supplemental
petition were an original petition. However, the proceedings on the
supplemental petition do not affect the original petition unless the
court, for good cause, orders the petitions consolidated. An order to
consolidate the petitions, however, may not delay the original work.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-7
Repairs to levees; records; warrants
Sec. 7. (a) The committee placed in charge of the levee may make
all necessary repairs to the levee that are necessary to keep the levee
in original condition. If it becomes necessary for the safety of the
levee to change the line and location of the levee at any point in
making the repairs, the committee may make the change. However,
the committee may not change or relocate the general line or location
of the levee.
(b) The committee shall do the following:
(1) Keep a record of the committee's proceedings.
(2) Note in the record all expenses incurred in making the
repairs.
(3) File with the county auditor a statement showing the cost
and expenses of making the repairs, specifying the amounts due
each person.
(c) The auditor shall draw a warrant on the county treasurer in
favor of each person for the amount due the person. The amounts
shall be paid out of the county revenue but reimbursed to the county.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-8
Apportionment and assessment of costs of repairs
Sec. 8. To raise the necessary money to reimburse the county, the
committee shall apportion and assess the costs upon the land and
corporations to be benefited by the repairs in proportion to the
benefits. The costs may not exceed the benefits. However, if the
repairs have been made necessary by the act or negligence of:
(1) the owner or occupant of land; or
(2) an employee or agent of the owner or occupant;
the cost of the repairs shall be assessed against that land alone.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-9
Notice of assessments
Sec. 9. (a) The committee shall, within five (5) days after making
an assessment, post written notices as follows:
(1) In three (3) public places in the township where the land
assessed is situated, near to the work done.
(2) One (1) at the door of the courthouse of each county in
which the land is situated.
(b) The committee shall note in the record in the committee's
office the time and place of posting of each notice.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-10
Appeal of assessment; bond; summons; pleadings
Sec. 10. (a) A person assessed may appeal the assessment to the
circuit or superior court of the county in which the proceedings for
the construction of the work were held by filing with the clerk of the
court, within ten (10) days after the date of posting the notices, an
appeal bond:
(1) payable to the committee in the amount of two (2) times the
assessment;
(2) with surety to the approval of the clerk; and
(3) conditioned that the person will prosecute the appeal and
pay all costs that are adjudged against the person.
(b) The clerk shall issue a summons for the committee served by
the sheriff.
(c) The committee shall file with the clerk the following:
(1) A copy of the record of the assessment for the repairs.
(2) The notice of the assessment.
(3) A statement showing when and where the notices were
posted.
(d) Other pleadings are not necessary.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-11
Appeal of assessment; proceedings
Sec. 11. (a) The appeal shall be tried by the court without a jury.
A change of venue from the judge but not from the county is
allowed. The only questions tried are the following:
(1) Whether the repairs are necessary.
(2) What is the cost of the repairs.
(3) Whether the appellant's land is benefited by the repairs.
(4) If the appellant's land is benefited, what part of the costs
should be assessed against the land of the appellant.
(b) The decision of the court may not be appealed.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-12
Appeal of assessment; costs
Sec. 12. (a) If the court reduces the assessment against the land of
the appellant at least twenty percent (20%), all the costs of the appeal
shall be added to the assessment and shall be assessed upon the tracts
of land in the same proportion as the original assessment.
(b) If the court does not reduce the assessment of the appellant at
least twenty percent (20%), the appellant must pay all costs of the
appeal.
(c) If more than one (1) person appeals, the cases shall be
consolidated and tried together and the costs apportioned as justice
requires.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-13
Assessments; certified copy; placement on tax duplicate;
applicability of statutes
Sec. 13. (a) The:
(1) clerk of the court, when an appeal is disposed of; or
(2) committee, if an appeal is not taken;
shall make a certified copy of the assessment as confirmed by the
court in an appeal or as made originally if an appeal is not taken. The
clerk or committee shall file the certified copy with the auditor of the
county in which the proceedings are held.
(b) The auditor shall place the assessments against each tract of
land upon the next succeeding tax duplicate. The assessment is a lien
from the time of posting the original notices of the assessments and
shall be collected as other state and county taxes are collected.
(c) All statutes regulating:
(1) the payment and collection of state and county taxes;
(2) the assessment of penalties and interest; and
(3) the sale of property for delinquent taxes;
apply to the payment and collection of assessments that are placed
upon the tax duplicates under this section.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-14
Preservation and protection of levee
Sec. 14. (a) The committee in charge of a levee may preserve and
protect the levee, including a strip of land ten (10) feet in width on
the inside of the levee.
(b) If the committee determines that the preservation of the levee
or a part of the levee requires that the levee should be fenced, the
committee may have suitable fences erected along the levee.
(c) The committee may also do the following:
(1) Adopt the means necessary to keep the levee free from
sprouts, grass, weeds, briers, and other growth.
(2) Sow grass seed on the levee.
(3) Use the means necessary to protect the levee from varmints
or burrowing animals.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-15
Additions to or protection of levee upon petition of landowners
Sec. 15. If requested by a petition signed by a majority of the
owners of land protected by the levee, the committee in charge of a
levee may do the following:
(1) Make additions to the levee by increasing the height or
width of the levee.
(2) Protect against the encroachment of a stream and take all
necessary steps to protect and prevent the washing and cutting
away of the banks of the stream by the construction of a suitable
work that will prevent the washing or cutting of the banks.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-16
Pumping or removal of water upon petition of landowners
Sec. 16. If requested in writing by a majority of interested
landowners, the committee in charge of a levee may pump out or
remove from land protected by the levee water that collects and
remains standing on the land and that does not have a means of
outlet. For this purpose the committee may purchase pumps or adopt
other suitable means for the removal of the water.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-17
Applicability of statutes regarding assessments
Sec. 17. All of the provisions of sections 7 through 13 of this
chapter concerning:
(1) the payment of the cost of repairs of levees;
(2) the making of assessments for the cost;
(3) the right of appeal from the assessments; and
(4) the manner of collecting the assessments;
apply to work done under sections 14, 15, and 16 of this chapter.
As added by P.L.1-1995, SEC.20.
IC 14-27-3-18
Minimum annual assessment
Sec. 18. Notwithstanding the percent of benefit assessment
determined by a levee committee under Acts 1907, c.223, s.8 1/2, as
added by Acts 1941, c.159, s.1, as amended, and as preserved from
repeal under certain circumstances by section 19 of this chapter, the
minimum annual amount to be imposed for levee purposes upon a
tract of land benefited by the levee may not be less than five dollars
($5).
As added by P.L.1-1995, SEC.20.
IC 14-27-3-19
Effect of recodification
Sec. 19. A levee district or association that was created under a
statute that was repealed by IC 19-3-2-106 (recodified as
IC 13-2-19.5-9 before its repeal, and later recodified as this section):
(1) is not affected by the repeal; and
(2) may continue to exist as if the statute had not been repealed.
As added by P.L.1-1995, SEC.20.