Indiana Code 36-9-27-112. Determination of benefits and damages by board; factors considered
(1) the watershed affected by the drain to be constructed, reconstructed, or maintained;
Terms Used In Indiana Code 36-9-27-112
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Affected land: means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain. See Indiana Code 36-9-27-2
- 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
- Watershed: means an area of land from which all runoff water drains to a given point or that is affected by a small lake. See Indiana Code 36-9-27-2
(3) the total volume of water draining into or through the drain to be constructed, reconstructed, or maintained, and the amount of water contributed by each land owner;
(4) the land use;
(5) the increased value accruing to each tract of land from the construction, reconstruction, or maintenance;
(6) whether the various tracts are adjacent, upland, upstream, or downstream in relation to the main trunk of the drain;
(7) elimination or reduction of damage from floods;
(8) the soil type; and
(9) any other factors affecting the construction, reconstruction, or maintenance.
(b) In determining benefits or damages to land under sections 39, 50, and 62 of this chapter, the board may examine aerial photographs and topographical or other maps, and may adjourn the hearing to the site of the construction, reconstruction, or maintenance in order to personally view the affected land.
(c) In determining percentages of benefit under sections 39, 50, and 62 of this chapter, the board may consider the percentage of the total cost that was assessed to each tract in the initial construction or in any reconstruction of the drain. However, that percentage is not binding on the board in its current determination, and the board may vary from it as justice requires.
[Pre-Local Government Recodification Citation: 19-4-1-13.]
As added by Acts 1981, P.L.309, SEC.101.