Indiana Code 36-9-27-91. Assessments; deficiencies resulting from increases in damages or decreases in assessments
(1) a court or jury acting under section 107 of this chapter:
Terms Used In Indiana Code 36-9-27-91
- 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
- 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
(B) decreases an assessment of benefits;
that was made by the board for the construction or reconstruction of a drain; and
(2) as a result of the increase or decrease, the assessments collected are not sufficient to fully repay the general drain improvement fund for money advanced to pay for the construction or reconstruction.
(b) The deficiency shall be transferred to the general drain improvement fund from the maintenance fund established for the drain by the board. However, the board may not order the transfer in amounts or at times that will result in the annual maintenance fund’s being insufficient to pay the costs of periodically maintaining the drain.
[Pre-Local Government Recodification Citation: 19-4-7-20.]
As added by Acts 1981, P.L.309, SEC.101.