reglab/housing_qa huggingface dataset:
IN Code § 36-9-27-91 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-91. Assessments; Deficiencies Resulting From Increases in Damages or Decreases in Assessments

Sec. 91. (a) This section applies whenever:(1) a court or jury acting under section 107 of this chapter:(A) increases an award of damages; or(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.
IN Code § 36-9-27-94 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-94. Bonds; Authorization; Procedure; Terms

Sec. 94. (a) Whenever the board determines by resolution spread upon its minutes that the cost of constructing or reconstructing a particular drain is in excess of that amount that the owners of land to be assessed may conveniently pay in installments over a five (5) year period, it shall authorize the sale of bonds to finance the construction or reconstruction.(b) Whenever the board resolves to sell bonds, it shall determine:(1) the amount of money that must be raised;(2) the period over which the money shall be repaid; and(3) the date the first series of bonds will mature as to principal and the date the first payment of interest will be made, which shall be fixed so that money will be available to meet the interest payments and to retire the first series of bonds as they become due.(c) The bonds may be issued in denominations of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and shall be numbered in consecutive order beginning with those first maturing. Interest on the bonds is payable semiannually.(d) The bonds shall be sold at public offering in the manner provided by statute. However, if the total issue of bonds does not exceed ten thousand dollars ($10,000) the board may sell the bonds at private sale to any individual, corporation, financial institution, or bank in Indiana at the best rate of interest for which the board may bargain. If the bonds are sold to one (1) purchaser, the form of the bonds may be in a single installment note. Acceleration of the balance of such a note in the event of partial default is not permitted, but all remedies of a bond creditor remain as to the partial default.(e) All bonds or installment notes must provide that they may be called by the board for refunding or for prepayment without penalty. If the bonds are called for prepayment, interest ceases to run on them upon the date stated for presentment in the call as to those persons actually receiving notice of the call by registered mail as shown by the return receipt, whether their bonds are presented for payment or not. If the bonds are called for refunding, interest continues to run from the date stated for presentment in the call whether actually presented or not, at the rate provided for with respect to the refunding issue.[Pre-Local Government Recodification Citations: 19-4-7-15; 19-4-7-17 part; 19-4-7-18.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-95 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-95. Fees for the Sale of Bonds

Sec. 95. Neither a member of the board, the county surveyor, nor any other officer may receive any fees for the sale of bonds to finance the construction or reconstruction of a drain. However, the attorney for the board is not required to perform services under a general retainer in preparation for the sale of the bonds, and may contract separately for those services with the board.[Pre-Local Government Recodification Citation: 19-4-7-19.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-96 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-96. Bonds; Limited Obligation; Collection of Delinquencies

Sec. 96. (a) Bonds issued to finance the construction or reconstruction of a drain are not the general obligation of the county, the board, or any person. The bonds are a lien only upon the land assessed for benefits for the construction or reconstruction in the ratio of the assessment.(b) If bonds issued under this chapter become in default, the officers responsible for the collection of delinquent taxes shall take the steps provided by law to collect all delinquencies, and for that purpose the officers shall cooperate with any bond holder or committee of bond holders and shall pursue any remedies available for the collection of the delinquent assessments.[Pre-Local Government Recodification Citation: 19-4-7-16.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-97 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-97. Bond Redemption Fund; Establishment; Composition

Sec. 97. (a) A bond redemption fund is established for each construction or reconstruction project for which the board authorizes the sale of bonds. The fund consists of all assessments paid by the owners assessed as benefited by the construction or reconstruction, and may be used only to redeem:(1) the bonds issued to finance the construction or reconstruction; or(2) any installment note given in lieu of bonds.(b) The county auditor shall maintain a separate ledger sheet for all assessments to be received into each bond redemption fund.[Pre-Local Government Recodification Citation: 19-4-7-3.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-97.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-97.5. Construction Loans; Terms; Deposit of Proceeds; Interest on Loan

Sec. 97.5. (a) Whenever the board determines by resolution spread upon its minutes that the cost of constructing or reconstructing a particular drain is an amount that the owners of land to be assessed may conveniently pay in installments over a five (5) year period, it may ask the county fiscal body to:(1) obtain a loan from a bank, trust company, savings association, or savings bank authorized to engage in business in the county; or(2) obtain funds in the manner prescribed by IC 36-2-6-18, IC 36-2-6-19, and IC 36-2-6-20;to finance that construction or reconstruction.(b) A loan obtained under this section:(1) must have a fixed or variable interest rate;(2) must mature within six (6) years after the day it is obtained;(3) shall be repaid from installments collected from assessments of landowners over a five (5) year period;(4) is not subject to the provisions of section 94 of this chapter that concern interest; and(5) is not subject to the penalty provisions under IC 6-1.1-37-10 if the installments are timely paid.(c) A construction loan fund is established for each construction or reconstruction project loan that the board and the county fiscal body authorize under this section. A construction loan fund consists of all payments received from the owners assessed for the construction or reconstruction project and may be used only to repay the associated loan. If money remains in a construction loan fund after the associated loan is paid in full, the remaining money in the fund may be transferred to the general drain improvement fund.(d) A county auditor shall maintain a separate ledger sheet for each construction loan fund established under subsection (c) and record on the separate ledger sheet all payments of principal and interest received from the owners assessed for the associated construction or reconstruction project.(e) A county auditor shall deposit all payments of principal and interest received from the owners assessed for a construction or reconstruction project in the associated construction loan fund.(f) The board shall determine whether interest on the loan is to be a part of the final assessment under section 84(a) of this chapter.(g) Notwithstanding section 85(c) of this chapter, interest on the loan may be charged back to the benefited landowner at a rate that is set in accordance with subsection (b).As added by P.L.371-1983, SEC.2. Amended by P.L.76-1989, SEC.8; P.L.79-1998, SEC.110; P.L.255-2017, SEC.55.
IN Code § 36-9-27-98 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-98. Payment of Assessments by Municipality or County

Sec. 98. (a) Whenever a regulated drain is:(1) located wholly or partly within a municipality; and(2) constructed, reconstructed, or maintained under this chapter;the municipal fiscal body may, on behalf of the owners assessed or to be assessed within the municipality, pay the total assessment for the construction, reconstruction, or maintenance within the municipality. The payment may be made from any appropriation provided by law, including a cumulative drainage fund established under section 99 of this chapter.(b) Whenever a regulated drain is:(1) located outside the corporate boundaries of any municipality within a county; and(2) constructed, reconstructed, or maintained under this chapter;the county fiscal body may, on behalf of the owners assessed or to be assessed outside any municipality and within the county, pay all or part of the assessment for the construction, reconstruction, or maintenance outside any municipality and within the county. The payment of all or part of the assessment by the county fiscal body may be made only from a cumulative drainage fund established under section 99 of this chapter.[Pre-Local Government Recodification Citations: 19-4-10.1-1 part; 19-4-10.1-2 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.9.
IN Code § 36-9-27-99 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-99. Cumulative Drainage Fund; Establishment

Sec. 99. A municipal or county fiscal body may, by resolution, establish a cumulative drainage fund under IC 6-1.1-41 for the construction, reconstruction, or maintenance of drains under this chapter. In the case of a county, however, the fund may be established only upon the recommendation of the county executive.[Pre-Local Government Recodification Citations: 18-6-16-1 part; 19-4-10.1-1 part; 19-4-10.1-2 part; 19-4-10.1-3.]As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.32; P.L.17-1995, SEC.39.
IN Code § 36-9-27-100 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-100. Cumulative Drainage Fund; Tax Levy

Sec. 100. To provide money for a cumulative drainage fund established under section 99 of this chapter, the fiscal body may levy a tax in compliance with IC 6-1.1-41 not to exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation of all taxable personal and real property:(1) within the corporate boundaries, in the case of a municipality; or(2) within the county but outside the corporate boundaries of all municipalities, in the case of a county.[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.10; P.L.17-1995, SEC.40; P.L.6-1997, SEC.225.
IN Code § 36-9-27-102 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-102. Name of Fund

Sec. 102. The taxes collected under section 100 of this chapter shall be held in a special fund to be known as the "(city, town, or county) cumulative drainage fund".[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.17-1995, SEC.41.
IN Code § 36-9-27-103 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-103. Construction, Reconstruction, or Maintenance Projects for Regulated Drains; Hearings Required

Sec. 103. Notwithstanding any other provision of this chapter, after the establishment of a cumulative drainage fund, a hearing shall be held before the board undertakes any project to construct or reconstruct a regulated drain or to maintain a regulated drain when the total cost of the maintenance project is more than twenty-five thousand dollars ($25,000). The board shall:(1) publish a notice of the hearing in accordance with IC 5-3-1; and(2) mail a notice of the hearing, at least fifteen (15) days before the hearing, to the owner of each piece of property adjoining the proposed or established regulated drain.[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.84; P.L.206-1984, SEC.11; P.L.154-1993, SEC.9.
IN Code § 36-9-27-104 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-104. Interstate Drains; Authorization; Joint Meetings of State Officials

Sec. 104. (a) Whenever:(1) a petition to construct a new drain is filed under sections 54 through 65 of this chapter, a board initiates proceedings to reconstruct a drain under sections 49 through 52 of this chapter, or proceedings are initiated in Illinois, Kentucky, Michigan, or Ohio to construct or reconstruct a drain; and(2) the proposed construction or reconstruction will affect land in both Indiana and the other state;the board may join with the proper officials of the other state in a joint effort to construct or reconstruct the drain.(b) Whenever proceedings are instituted in Indiana under subsection (a), the board shall fix a date, time, and place for a joint meeting with the proper officials of the other state for the purpose of forming an interstate board, and shall have a notice of the meeting served on those officials.(c) Upon receipt by the board of an acceptance of the offer to meet, or, when the offer to meet has come from the other state, upon acceptance by the board, the board and the officials of the other state shall proceed at the specified date, time, and place to form an interstate board by electing one (1) of their number chair and one (1) of their number clerk. The chair and the clerk may not be residents of the same state.(d) Without regard to the number of members of the interstate board who are present, the members from Indiana are entitled to cast one-half (1/2) of all votes on all questions, and that vote shall be represented equally by the different members from Indiana who are present.[Pre-Local Government Recodification Citations: 19-4-9-1; 19-4-9-2; 19-4-9-3.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.363.
IN Code § 36-9-27-105 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-105. Interstate Drains; Cooperation of Surveyors and Engineers

Sec. 105. (a) The county surveyor representing a board from Indiana that is part of an interstate board shall work with the surveyor or engineer representing the officials of the other state in the performance of the duties required of the county surveyor by this chapter. The interstate board may employ an engineer to work with and assist the surveyor or surveyors, but an engineer may not be permanently employed unless the interstate board has determined that the proposed construction or reconstruction is necessary for the public health, welfare, or convenience, and that the cost of the construction or reconstruction will probably be less than the benefits to the affected land.(b) The surveyors and engineer, if one is employed, shall:(1) prepare all surveys, plans, specifications, and other things required by this chapter for construction or reconstruction solely within Indiana;(2) estimate the total cost of the construction or reconstruction for the part of the drain located in each state, together with an estimate of the total cost of location; and(3) in their report, make a fair and just apportionment between the two (2) states of the cost of location and construction or reconstruction.The report shall be filed with the interstate board and, when that board adopts the report by proper resolution, a certified copy of the report shall be filed with the board in Indiana.(c) Upon receiving the report, the board in Indiana shall assess the benefits and damages to each tract of land affected in Indiana, in accordance with this chapter as applied to a drain located solely within Indiana.(d) All provisions of this chapter, including the giving of notices, the right to object and remonstrate, and the right to judicial review, apply to the board, the surveyor, and all affected persons.(e) When the construction or reconstruction is finally and conclusively established in both states, and when money is available in both states to pay for the proposed work, the interstate board shall meet and let the work contracts. Payment from funds in Indiana shall be made by voucher approved by the interstate board, countersigned by the chair of the board in Indiana, and filed with the county auditor. The payments shall be limited to the amount apportioned to Indiana under subsection (b).[Pre-Local Government Recodification Citations: 19-4-9-4; 19-4-9-5; 19-4-9-6.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.364.
IN Code § 36-9-27-106 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-106. Judicial Review; Petition

Sec. 106. (a) Any owner of land affected by a final order or determination of a board is entitled to judicial review of that order or determination in the circuit or superior court of the county in which the board is located. The owner must file in the court a petition:(1) setting out the order or determination complained of; and(2) alleging specifically that the order or determination is arbitrary, capricious, unlawful, or not supported by substantial evidence;and pay the fee required under IC 33-37-4-4. If the order or determination to be appealed was made by a joint board, the petition must be filed in the circuit or superior court of the county that elected the surveyor who serves as an ex officio member of the joint board.(b) A petition for judicial review under subsection (a) must be filed within twenty (20) days after:(1) the date of publication of notice by the board that the order or determination has been made; or(2) the order or determination was served on the person seeking the judicial review, if the order was served on that person.(c) A copy of the petition shall be served on the board within five (5) days after the petition is filed. If the order or determination arose in a proceeding initiated by petition for the construction of a new drain under section 54 of this chapter, a copy shall also be served on the attorney for the petitioner, unless the petitioner is the person seeking the judicial review. Service under this subsection:(1) is sufficient to bring the board and any petitioner for a new drain into court;(2) may be made on the board by serving a copy of the petition on the county surveyor personally or by leaving it at the surveyor's official office; and(3) may be made on the attorney for the petitioner by serving a copy of the petition on the attorney personally or by leaving a copy of it at the attorney's address as set forth in the petition.(d) Within twenty (20) days after receipt of notice that any person has filed a petition for review, the board shall prepare a certified copy of the transcript of the proceedings before the board and file it with the clerk of the court. The petitioner shall pay the cost of preparing this transcript. An extension of time in which to file the transcript shall be granted by the court upon a showing of good cause.(e) On the filing of a petition for review, the clerk of the court shall docket the cause in the name of petitioner and against the board. The issues shall be considered closed by denial of all matters at issue without the necessity of filing any further pleadings.(f) When the owners of less than ten percent (10%) of the affected lands petition for judicial review, issues not triable de novo do not operate to stay work unless an appeal bond is posted.[Pre-Local Government Recodification Citations: 19-4-8-1; 19-4-8-2; 19-4-8-3; 19-4-8-4.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.351-1985, SEC.2; P.L.192-1986, SEC.40; P.L.305-1987, SEC.37; P.L.98-2004, SEC.163.
IN Code § 36-9-27-107 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-107. Judicial Review; Procedure

Sec. 107. (a) Whenever a petition for judicial review is filed on the ground that:(1) the board found that the petitioner's land would be benefited by the construction, reconstruction, or maintenance of a drain, and the benefits assessed were excessive; or(2) the petitioner's lands would be damaged by the construction, reconstruction, or maintenance of a drain, and:(A) the board failed to so find; or(B) the amount of damages awarded was inadequate;the court shall proceed to hear the issue of benefits or damages de novo. A change of venue may be taken from the judge and from the county, and a jury trial may be obtained, in accordance with the rules governing the trial of civil actions. An appeal may be taken in accordance with the rules governing appellate procedure.(b) Whenever a petition for judicial review is filed on any ground other than those set forth in subsection (a), the review shall be heard by the court without the intervention of a jury. The court may not try or determine the cause de novo, but shall consider and determine the cause exclusively upon the record made before the board and filed with the court. A change of venue may be taken from the judge under the rules governing a change of venue in civil actions, but a change of venue may not be taken from the county. The proceedings shall be advanced upon the docket of the court. If the court finds from the record before it that:(1) the person filing the petition for review has complied with all procedures required under this chapter to properly present the matters set forth in the petition for review, and has exhausted the person's administrative remedies; and(2) the decision or determination of the board is arbitrary, capricious, unlawful, or not supported by substantial evidence;the court shall order the decision or determination of the board set aside and shall remand the matter to the board for further proceedings consistent with the findings and order of the court. If the court finds otherwise, the decision of the board shall be affirmed.(c) In affirming or setting aside a decision or determination of the board, the court shall enter its findings and order or judgment on the record.(d) When a petition for judicial review presents issues that shall be heard de novo and issues that may not be heard de novo, the court shall separate the issues and shall proceed to determine the issues that may not be heard de novo. When the court's judgment on the issues that may not be heard de novo becomes final, or when the appeal is decided if an appeal is taken, the board shall proceed in accordance with the final judgment or appellate decision despite the fact that the issues to be heard de novo may be undecided and pending before the court or on appeal.[Pre-Local Government Recodification Citation: 19-4-8-5.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.365.