reglab/housing_qa huggingface dataset:
IN Code § 14-26-8-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-1. Applicability of Chapter

Sec. 1. This chapter applies to lakes having an area of at least ten (10) acres.[Pre-1995 Recodification Citation: 13-2-18-1 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-2. "Shoreline or Water Line" Defined

Sec. 2. As used in this chapter, "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:(1) normal;(2) at the average level; or(3) at the average normal level established by law.[Pre-1995 Recodification Citation: 13-2-18-24.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-3. Petition for Control Dam or Other Structure to Maintain Lake Level

Sec. 3. (a) If:(1) at least twenty percent (20%) of the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of a lake;(2) the department; or(3) the board of commissioners of a county in which a lake is located;desire to stabilize, raise, or establish and maintain the level of the lake by means of a control dam or other structure, diverting water into or away from the lake, pumping water into or out of the lake, or other means, the landowners, department, or county commissioners may apply either separately or jointly for the construction, reconstruction, alteration, and rehabilitation of a control dam or other structure, the construction of pumping stations, the construction, reconstruction, repair, or recleaning of outlet or inlet ditches, or other means by filing a petition with the circuit or superior court of the county in which the greater or greatest area of the lake lies.(b) A petition must be filed in duplicate with the clerk of the court.(c) If the petition is approved by the court, attorney's fees become a part of the total costs of the project. If the petition is dismissed, the petitioners shall pay the attorney's fees.[Pre-1995 Recodification Citation: 13-2-18-1 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-4. Contents of Petition

Sec. 4. A petition must do the following:(1) State the name of the lake.(2) State the lake's location by section, township, range, and county.(3) State the lake's approximate surface area in acres.(4) Describe the nature of the work desired, whether it is:(A) the construction, reconstruction, alteration, or rehabilitation of a control dam;(B) the construction of a pumping station or a diversion ditch;(C) the construction, reconstruction, repair, or recleaning of an outlet ditch;(D) a combination of any number of purposes permitted by this subdivision; or(E) another purpose.(5) Allege that the work is practicable and of public need.(6) State the level at which it is desired to maintain or stabilize the lake. The level must be stated with reference to at least one (1) of the following:(A) Sea level datum if ascertainable.(B) A lawfully established staff gauge installed in the lake from which the desired water level can be readily observed by an interested or affected party.(7) If the lake lies in more than one (1) county, show the approximate surface area of the lake in acres that lies in each county.(8) If the lake or any part of the lake lies within a city or town, state the approximate surface area of the lake that lies within the city or town.[Pre-1995 Recodification Citation: 13-2-18-2 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-5. Lake Lying in Two or More Counties

Sec. 5. If the lake lies in at least two (2) counties, the surveyor of the county in which the greater or greatest area of the lake lies shall prepare the plans and specifications and the report required by this chapter.[Pre-1995 Recodification Citation: 13-2-18-2 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-6. Bond to Accompany Petition

Sec. 6. If the petition is initiated by the owners of land abutting upon or within four hundred forty (440) yards of the shoreline or water line of the lake, the petition must be accompanied by a bond with good and sufficient freehold sureties to be approved by the clerk of the circuit or superior court. The bond must be:(1) payable to the state; and(2) conditioned to pay all costs if the court denies the petition.[Pre-1995 Recodification Citation: 13-2-18-2 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-7. Docketing of Petition; Notice of Hearing

Sec. 7. (a) Within ten (10) days after the filing of a petition, the clerk shall docket the petition as a cause of action pending in the circuit or superior court. The clerk shall cause notice to be given at least thirty (30) days before the date set for the hearing as follows:(1) By publication one (1) time each week for two (2) consecutive weeks:(A) with each publication:(i) in not less than two (2) newspapers of general circulation published in each county in which the lake is located; or(ii) if there are not two (2) newspapers of general circulation published in a county, in one (1) newspaper of general circulation published in the county; or(B) with the first publication of notice in a newspaper or newspapers described in clause (A) and the second publication of notice:(i) in accordance with IC 5-3-5; and(ii) on the official web site of each county in which the lake is located.(2) By posting a written or printed notice at the door of the courthouse in each county in which the lake lies.(3) By sending written notice to the following:(A) The county surveyor and county commissioners of each county affected.(B) The department.(b) The notice must do the following:(1) Briefly describe the location and nature of the proposed work contained in the petition.(2) Fix a day for the hearing on the petition.[Pre-1995 Recodification Citation: 13-2-18-3 part.]As added by P.L.1-1995, SEC.19. Amended by P.L.152-2021, SEC.17.
IN Code § 14-26-8-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-8. Viewers; Determination

Sec. 8. Before the date set for the hearing, the names of the viewers of the proposed work described in the petition shall be determined as follows:(1) The president of the board of commissioners of each county affected shall submit in writing to the clerk of the court in which the petition is filed the name of a member of the board of commissioners of the county who will be a viewer.(2) The director shall submit to the clerk the name of a representative of the department who will serve as a viewer.(3) The surveyor of each county affected shall serve as a viewer.[Pre-1995 Recodification Citation: 13-2-18-3 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-9. Viewers; Appointment and Qualifications

Sec. 9. On the day set for the hearing on the form of a petition, the court shall appoint two (2) viewers who shall, with the viewers designated under section 8 of this chapter, pass upon the project as set out. The two (2) viewers appointed by the court:(1) must be reputable freeholders;(2) may not be qualified to sign the petitions;(3) may not be related to an affected landowner; and(4) must be residents of a county in which the lake lies.[Pre-1995 Recodification Citation: 13-2-18-4 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-10. Restrictions on County Commissioners as Viewers

Sec. 10. If a petition is filed alone by owners of land abutting or within four hundred forty (440) yards of the shoreline or water line of the lake, a member of the board of county commissioners may not serve as a viewer.[Pre-1995 Recodification Citation: 13-2-18-4 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-11. Remonstrance or Objection; Time Requirements

Sec. 11. The following have ten (10) days, exclusive of Sundays, from the date of the hearing on the form of a petition to file with the court a remonstrance or an objection to the merits of the petition, notice, or eligibility of any of the viewers:(1) A person named in the petition.(2) A person who owns land abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake.(3) The department.(4) The board of commissioners of a county in which the lake lies.[Pre-1995 Recodification Citation: 13-2-18-5 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-12 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-12. Remonstrance or Objection; Dismissal of Defective Petition

Sec. 12. After the ten (10) days prescribed by section 11 of this chapter have elapsed, the court shall consider each remonstrance or objection, if any. If the court finds the petition defective, the court shall dismiss the petition unless the petition is amended within a time fixed by the court.[Pre-1995 Recodification Citation: 13-2-18-5 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-13 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-13. Replacement of Disqualified Viewers

Sec. 13. If at least one (1) of the viewers is disqualified, the court shall, within ten (10) days of the date of disqualification, appoint an individual having the qualifications required by this chapter to replace the disqualified viewer as follows:(1) If the surveyor is disqualified, the court may appoint a qualified registered engineer to replace the disqualified surveyor.(2) If a county commissioner is disqualified, the court shall appoint another county commissioner from the same county to replace the disqualified commissioner.(3) If the representative of the department is disqualified, the court shall appoint a new representative from the department selected from a list of two (2) representatives recommended by the director.[Pre-1995 Recodification Citation: 13-2-18-5 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-14 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-14. Objections to Viewers; Time Requirements

Sec. 14. The following have ten (10) days, exclusive of Sundays, to file a written objection to the new viewers:(1) A person named in the petition.(2) A person who owns land abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake.(3) The department.(4) The county in which the lake lies if a joint petition is filed.[Pre-1995 Recodification Citation: 13-2-18-5 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-15 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-15. Objections to Viewers; Disqualification

Sec. 15. After the ten (10) days prescribed by section 14 of this chapter have elapsed, the court shall consider each objection to the viewers. If the court disqualifies a viewer who was appointed to replace a previously disqualified viewer, the court shall make another appointment and continue under the same procedure until there is no further disqualification of viewers.[Pre-1995 Recodification Citation: 13-2-18-5 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-16 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-16. Dismissal of Petition

Sec. 16. If within ten (10) days, exclusive of Sundays, following the date of the hearing of the petition, at least fifty-one percent (51%) of the landowners abutting or within four hundred forty (440) yards of the shoreline or water line of the lake remonstrate in writing against the proposed project described in the petition, the petition shall be dismissed at the cost of the petitioners whose land abuts or lies within four hundred forty (440) yards of the shoreline or water line of the lake.[Pre-1995 Recodification Citation: 13-2-18-6.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-17 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-17. Referral of Petition to Viewers

Sec. 17. (a) If:(1) a remonstrance has not been filed within ten (10) days of the date of the hearing; and(2) the court considers the petition sufficient;the court shall make an order referring the petition to the viewers.(b) An objection to the petition or the acting of the viewers not made within the ten (10) days is considered waived.(c) In the order referring the matter to the viewers, the court shall fix a time when the viewers shall meet and make a report. The clerk shall deliver to the viewers a duplicate copy of the petition and the order.(d) A viewer who cannot meet on the date specified by the court may notify the court in writing, and the court shall set another date for the viewers to meet. If it is not possible for all of the viewers to meet on the new day specified by the court, a majority of the viewers may meet and view the proposed project.[Pre-1995 Recodification Citation: 13-2-18-7 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-18 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-18. Inspection and Report by Viewers

Sec. 18. The viewers shall do the following:(1) Make a personal inspection of the proposed project described in the petition.(2) Consider whether the project is practicable and is of public need.(3) File a report within ten (10) days from the time of the inspection. The opinion of the majority prevails.[Pre-1995 Recodification Citation: 13-2-18-7 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-19 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-19. Viewers' Findings; Dismissal of Petition

Sec. 19. If the viewers find that the proposed work is not practicable and of public need:(1) the viewers shall make a written report of the findings to the court; and(2) the court shall dismiss the petition at the cost of the petitioners who own land abutting or within one-fourth (1/4) mile of the water or shoreline of the lake.[Pre-1995 Recodification Citation: 13-2-18-7 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-20 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-20. Viewers' Findings; Referral to County Surveyor

Sec. 20. If the viewers find that the proposed work is practicable and of public need:(1) the viewers shall make a written report of the finding to the court; and(2) the court shall do the following:(A) Direct the surveyor of the county in which the greatest area of the lake lies to prepare plans and specifications for the proposed project.(B) Set a date for the surveyor to file the surveyor's preliminary report with the court.[Pre-1995 Recodification Citation: 13-2-18-7 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-21 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-21. Surveyor; Preliminary Report; Plans; Specifications

Sec. 21. (a) The surveyor's preliminary report must include the following:(1) Plans and specifications.(2) Cost estimates.(3) Damages.(4) Assessments.(5) Other information that is considered necessary and proper.(b) The department may on request of the surveyor prepare the plans and specifications.(c) The surveyor in preparing plans and specifications may, upon the recommendation of the department, vary from the general plan described in the petition if necessary to carry out the purpose of the petition, subject to final approval by the court.[Pre-1995 Recodification Citation: 13-2-18-7 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-22 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-22. County Surveyor

Sec. 22. (a) The county surveyor shall estimate the cost of the project and assess the benefits or damages to all affected landowners, each county in which the lake lies, and the department if:(1) the petition is a joint petition between the owners of land abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake and the county or the department; or(2) the petition has been filed separately or jointly by the department or the county.(b) If the petition was filed only by the landowners abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake, the county and the department may not be assessed.[Pre-1995 Recodification Citation: 13-2-18-7 part.]As added by P.L.1-1995, SEC.19. Amended by P.L.57-2013, SEC.12.
IN Code § 14-26-8-23 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-23. Requirements of Assessments of Benefits or Damages

Sec. 23. The assessing of benefits or damages is to be made:(1) on each separate tract of land to be affected;(2) to easements held by railways or other corporations; and(3) to cities, towns, and other public or private corporations;including any land or water right or easement injuriously or beneficially affected.[Pre-1995 Recodification Citation: 13-2-18-7 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-24 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-24. Apportionment of Costs of Improvements

Sec. 24. (a) The cost of the improvement asked for in the petition shall be paid as follows:(1) If the petition is filed separately by the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of the lake, proportionately to the benefits received by the owners.(2) If the petition is filed jointly by the owners of land abutting upon the lake and the department or the commissioners of each county in which the lake lies or separately by the department or the commissioners of each county in which the lake lies, as follows:(A) Twenty-five percent (25%) of the cost of the improvement shall be paid by the property owners abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake.(B) Twenty-five percent (25%) of the cost shall be paid by the county.(C) Fifty percent (50%) of the cost shall be paid by the department.(b) The county surveyor shall apportion the cost of the project accordingly in the surveyor's report and notices of assessments and damages shall be sent to all affected parties as prescribed in section 25 of this chapter.(c) If the lake lies in at least two (2) counties, the cost to be paid by each county must be proportionate to the area of the lake that lies in each county. For the purpose of determining the area of the lake that lies in each county, the professional surveyor may use aerial photographs made by the United States Department of Agriculture.[Pre-1995 Recodification Citation: 13-2-18-8.]As added by P.L.1-1995, SEC.19. Amended by P.L.57-2013, SEC.13.
IN Code § 14-26-8-25 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-25. Surveyor; Notice of Hearing

Sec. 25. (a) The court shall set a date:(1) not less than thirty (30); or(2) more than forty (40);days after the surveyor's preliminary report has been filed for the surveyor's hearing on the report.(b) The surveyor shall, within five (5) days after the date for the hearing is set, notify by registered mail, return receipt requested, all owners of land abutting upon or within four hundred forty (440) yards of the shoreline or water line of the lake. The return receipts are prima facie evidence of notice. The notice must give a brief description of the following:(1) The project.(2) The project's location.(3) A description of the owners' land that is assessed or damaged, if any.(4) The amount of assessment or damages, if any.(5) The date and place of the hearing.(c) If the residence of a landowner cannot be ascertained or if a mailed notice is returned undelivered, the surveyor shall publish notice to all persons in this category by one (1) publication:(1) in a newspaper of general circulation published and printed in the county in which the lake lies; or(2) if a paper is not published in the county, in a newspaper in an adjoining county;at least ten (10) days before the date fixed for the hearing.(d) The mailed and published notices must notify the owners that all remonstrances and claims for compensation or damages must be filed in writing with the clerk on or before the day of the surveyor's hearing.(e) The clerk shall notify the surveyor of the receipt of remonstrances or claims on or before the day of the surveyor's hearing.(f) The surveyor shall file the following:(1) Proof of publication of the published notice in the form of a publisher's affidavit.(2) Proof of the mailed notice by return receipts.[Pre-1995 Recodification Citation: 13-2-18-9.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-8-26 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 8. Lakes; Changes in Levels|14-26-8-26. Surveyor; Hearing; Final Report

Sec. 26. (a) On the day fixed by the court for the hearing on the report the surveyor shall do the following:(1) Be present at the place designated in the notice.(2) Hear all objections made to damages and assessments.(b) The surveyor may adjourn the hearing as necessary or to any other suitable or available room in the courthouse of the county that is considered necessary until all objections are heard. All persons interested shall take notice of an adjournment without further notice.(c) All objections to the damages and assessments must be verified and in writing.(d) After hearing all objections that are offered to the damages and assessments, the surveyor shall confirm or change the damages and assessments as justice requires. If the damages and assessments are changed, the surveyor shall show the changed amount assessed and the date the change was made.(e) Upon concluding the hearing the surveyor shall make a final report to the court.[Pre-1995 Recodification Citation: 13-2-18-10.]As added by P.L.1-1995, SEC.19.