reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 8. Clean Water Indiana Program › 14-32-8-8.3. Limit on Matching Funds From Division if District Territory Is Smaller Than One County

Sec. 8.3. (a) This section applies to a district if, as the result of:
(1) the merger of two (2) or more districts; or
(2) the changing of the boundaries of one (1) or more districts under IC 14-32-6.5;
the territory of the district is smaller than the entire area of one (1) county.
(b) The limit in section 8(b) of this chapter on the funds from political subdivisions that the state may be obligated to match shall be adjusted under this section in the case of a district described in subsection (a).
(c) If the territory of a district contains less than the entire area of one (1) county, the limit on the funds from political subdivisions that the state may be obligated to match is the product of:
(1) ten thousand dollars ($10,000); multiplied by
(2) a percentage equal to the percentage of the county's entire area that is included in the territory of the district.
As added by P.L.95-2016, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 8. Clean Water Indiana Program › 14-32-8-9. Report

Sec. 9. The districts shall coordinate with the division of soil conservation to compile and provide a report to the executive director of the legislative services agency each year. The report must be in an electronic format under IC 5-14-6 and must describe:
(1) the expenditures of the clean water Indiana fund; and
(2) the number, type, status, and effectiveness of conservation efforts funded by the clean water Indiana program.
As added by P.L.160-1999, SEC.4. Amended by P.L.28-2004, SEC.133.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 1. Purposes › 14-33-1-1. General Purposes

Sec. 1. (a) A conservancy district may be established for any of the following purposes:
(1) Flood prevention and control.
(2) Improving drainage.
(3) Providing for irrigation.
(4) Providing water supply, including treatment and distribution, for domestic, industrial, and public use.
(5) Providing for the collection, treatment, and disposal of sewage and other liquid wastes.
(6) Developing forests, wildlife areas, parks, and recreational facilities if feasible in connection with beneficial water management.
(7) Preventing the loss of topsoil from injurious water erosion.
(8) Storage of water for augmentation of stream flow.
(9) Operation, maintenance, and improvement of:
(A) a work of improvement for water based recreational purposes; or
(B) other work of improvement that could have been built for any other purpose authorized by this section.
(b) These purposes may be accomplished by cooperating with federal and state agencies whose programs are designed to accomplish any of the purposes of the district.
[Pre-1995 Recodification Citation: 13-3-3-2(a), (b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 1. Purposes › 14-33-1-2. Sewage Collection, Treatment, and Disposal; Petition to Engage in Services Outside Territory Boundaries

Sec. 2. (a) A district established for the purpose of section 1(a)(5) of this chapter that proposes to collect, treat, or dispose of sewage and other liquid wastes produced outside of the district boundaries must petition the Indiana utility regulatory commission for territorial authority to engage in the services to territory outside of the boundaries of the district.
(b) Upon notice and hearing, the Indiana utility regulatory commission shall determine the following:
(1) The territory outside of the boundaries from which sewage and other liquid wastes may be collected, treated, or disposed of.
(2) The rates and charges that the district may make for the services.
[Pre-1995 Recodification Citation: 13-3-3-2(c).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 1. Purposes › 14-33-1-3. Use of Powers to Accomplish Purpose of District

Sec. 3. Powers granted by this article may be used only to accomplish each purpose set forth by the court in the order establishing the district. However, a district plan or act of the board necessary to accomplish a purpose for which the district is established is not invalid because the district plan or act incidentally accomplishes a purpose other than a purpose for which the district is established.
[Pre-1995 Recodification Citation: 13-3-3-3.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 1. Purposes › 14-33-1-4. Adding Purpose to Established District

Sec. 4. To add a purpose to an established district:
(1) the same procedure may be used as is provided for the establishment of a district; or
(2) the board may pass a resolution adding an additional authorized purpose to the district already established if the board has received a petition that:
(A) is signed by at least ten percent (10%) of the freeholders in the district; and
(B) requests the addition of the purpose to the district.
[Pre-1995 Recodification Citation: 13-3-3-4(a) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 1. Purposes › 14-33-1-5. Procedures Following Passage of Resolution

Sec. 5. (a) If a petition is filed and a resolution passed under section 4 of this chapter, the board shall file the resolution and petition with the court.
(b) Upon receipt, the court shall do the following:
(1) Order a hearing.
(2) Have a copy of the resolution and the date of the hearing forwarded to the commission.
(3) Order notice of the hearing as follows:
(A) A copy of the resolution and the time and place of the hearing shall be published at least one (1) time in at least one (1) newspaper of general circulation in each county containing land in the district.
(B) A copy of the notice as prepared for publication shall be sent by mail, first class postage prepaid, to each freeholder.
(c) The mailing of notice and proof of notice is the same as is required for notice of the hearing on the original petition to establish the district.
(d) The notice to the commission, the publication, and the mailing must be done at least thirty (30) days before the date of the hearing.
(e) If:
(1) at the hearing an objection is not filed by the commission or by an owner of real property; and
(2) the court determines that the petition is proper;
the court shall order the district to be established also for the additional purpose.
(f) If an objection is filed, the court shall do the following:
(1) Determine at the hearing the following:
(A) The sufficiency of the petition.
(B) The necessity and feasibility of adding the purpose.
(2) Make the order according to the facts found.
[Pre-1995 Recodification Citation: 13-3-3-4(a) part, (b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-1. Filing Petition

Sec. 1. Freeholders who desire the establishment of a district must initiate proceedings by filing a petition in the office of the clerk of the circuit court with jurisdiction in the county containing the most land within the proposed district.
[Pre-1995 Recodification Citation: 13-3-3-7.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-2. Minimum Number of Freeholders Signing Petition; Requirements

Sec. 2. A petition filed under section 1 of this chapter must be signed by freeholders owning land in the proposed district. The signatures of freeholders on the petition must be sufficient to satisfy both of the following requirements:
(1) The freeholders signing the petition must constitute at least the following minimum number or proportion of all the freeholders in the proposed district:
(A) Districts of not more than five thousand (5,000) freeholds, thirty percent (30%) of the freeholders.
(B) Districts of at least five thousand one (5,001) and not more than twenty-five thousand (25,000) freeholds, fifteen percent (15%) of the freeholders but not less than one thousand (1,000) signatures.
(C) Districts of at least twenty-five thousand one (25,001) freeholds, ten percent (10%) of the freeholders but not less than three thousand (3,000) signatures.
(2) The freeholders signing the petition must own at least fifty-one percent (51%) of the assessed valuation of the real property located within the boundaries of the proposed conservancy district, as determined by the most recent assessment of the real property in the proposed conservancy district for property tax purposes, excluding the assessed valuation of any real property located within the boundaries of the proposed conservancy district that would be exempt under this article from a special benefit tax levied by the proposed conservancy district or that is exempt from property taxes imposed under IC 6-1.1.
[Pre-1995 Recodification Citation: 13-3-3-8(a).]
As added by P.L.1-1995, SEC.26. Amended by P.L.251-2019, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-3. Number of Freeholds in District; Number of Freeholders Qualified to Sign Petition

Sec. 3. To determine the number of freeholds in the proposed district and the number or proportion of freeholders owning land in the district qualified to sign a petition for establishment, the following apply:
(1) Only one (1) freeholder's signature may be counted for any one (1) freehold. If a freehold is held in joint title, only one (1) freeholder's signature may be counted and it may be the signature of any one (1) of the freeholders owning the freehold in joint title. If a given freeholder qualifies as set forth in this section for at least two (2) freeholds, the freeholder's signature shall be counted for each freehold.
(2) One (1) or more tracts of land owned solely by only one (1) freeholder constitute one (1) freehold.
(3) One (1) or more tracts of land owned in joint title by at least two (2) identical freeholders constitute one (1) freehold. However, if one (1) of the freeholders owning the freehold in joint title is a different or additional person, each freehold in joint title among nonidentical persons constitutes a separate and additional freehold.
(4) Subject to subdivisions (1), (2), and (3), if:
(A) a petition for the establishment of a district is filed by a municipality by ordinance adopted by the municipality's legislative body; or
(B) the municipality by ordinance has joined in a petition for inclusion in whole or part in the proposed district;
each freeholder in the area of the municipality that is in the proposed district is counted as a signatory to the petition. However, if a freeholder in the area of the municipality that is in the proposed district, after the filing of the petition for the establishment of the district, files a petition against the establishment of the proposed district, the number of freeholders considered and counted as signatories to the petition must be reduced by the number of freeholders in the area of the city that is in the proposed district filing a petition against the establishment of the district.
(5) Private corporations owning land in the proposed district may sign the petition by any officer authorized by the corporation. The officer's signature is prima facie evidence of the officer's authorization to sign the petition.
[Pre-1995 Recodification Citation: 13-3-3-8(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-4. Contents of Petition

Sec. 4. A petition must contain the following:
(1) The name for the proposed district, which should be in the form of "_________ Conservancy District".
(2) A description of the territory to be included, not necessarily by metes and bounds, but sufficiently accurate to inform the court and apprise the landowners of the possibility of the inclusion of their land in the district.
(3) A statement of each specific purpose for which the district is to be established.
(4) A statement of the necessity of accomplishing each purpose.
(5) A statement that the creation of the district will be conducive to the public health, safety, or welfare.
(6) A statement that the costs and damages of and to be paid solely by the district will probably be less than the benefits received in the district. If the purpose is declared to be water supply or sewage disposal, this statement need not be included.
(7) Whether the petition is conditioned upon a grant of federal or state money, or both, identifying the money upon which the petition is conditioned.
(8) Whether conditions attached to federal or state aid, or both, are acceptable if the federal or state government, or both, offer a grant of money.
(9) Whether maintenance and operation of the works of improvement necessary to accomplish any or all of the purposes will be paid for:
(A) solely by annual levy of the special benefits tax;
(B) by both annual levy of the special benefits tax and an annual assessment on land found to be exceptionally benefited if exceptional benefits are expected to exist; or
(C) by use of any other method provided by statute as long as the proportion between the tax and assessment is in approximately the same ratio as used to pay the cost of establishing the district and placing the district plan into operation.
(10) The number of directors to serve on the board, which must be three (3), five (5), seven (7), or nine (9).
(11) A statement of the division of the proposed district into areas, which must be equal in number to the number of directors.
[Pre-1995 Recodification Citation: 13-3-3-9.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-5. Motion for Dismissal of Petition

Sec. 5. If:
(1) a petition is conditioned upon a promise of federal money; and
(2) the responsible federal agency informs the court that federal money is not available for the district as proposed by the petition or amendments to the petition;
the petitioners may move that the petition be dismissed. The court shall grant the motion.
[Pre-1995 Recodification Citation: 13-3-3-10.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-6. Petition in Several Counterparts

Sec. 6. A petition may be circulated in several counterparts and still constitute a single petition.
[Pre-1995 Recodification Citation: 13-3-3-11.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-7. Petition by Municipality

Sec. 7. A municipality (as defined in IC 36-1-2) may file a petition to initiate a proposed district by ordinance adopted by the legislative body (as defined in IC 36-1-2). The proposed district may include land:
(1) solely inside the municipality; or
(2) partially inside and partially outside the municipality.
[Pre-1995 Recodification Citation: 13-3-3-12.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-8. Bond

Sec. 8. (a) The petitioners must post a bond sufficient to pay the cost of notice and all legal costs of the court connected with the proceedings in case the court refuses to establish the district and dismisses the petition.
(b) The petitioners shall pay the cost of notice and all legal costs if the court dismisses the petition.
[Pre-1995 Recodification Citation: 13-3-3-13.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-9. Jurisdiction

Sec. 9. The circuit court, superior court, or probate court with jurisdiction in the county having the most land in the proposed district has exclusive jurisdiction over the establishment of the district. If the district is established, this court also has exclusive jurisdiction over all further hearings in connection with the district.
[Pre-1995 Recodification Citation: 13-3-3-14.]
As added by P.L.1-1995, SEC.26. Amended by P.L.84-2016, SEC.74.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-10. Transfer to Court Having Jurisdiction

Sec. 10. (a) A court in which a petition is filed shall order the proceedings transferred to the court having jurisdiction under section 9 of this chapter if:
(1) the petition was filed in the wrong court by mistake; or
(2) the petition is amended so that another county has more land in the proposed district.
(b) The court that establishes a district retains jurisdiction over the district regardless of a change in area of the district that results from later proceedings.
[Pre-1995 Recodification Citation: 13-3-3-15.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-11. Docket; Hearing Date

Sec. 11. Upon receipt of a petition for the establishment of a district, the court shall docket the petition as a civil case and set a date for hearing. The court shall give priority to the hearing in determining the date, but the court must allow at least thirty (30) days for interested persons to receive notice.
[Pre-1995 Recodification Citation: 13-3-3-16.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-12. Notice of Hearing on Petition

Sec. 12. (a) This subsection applies only to a petition by freeholders. The petitioners shall give notice of hearing on the petition as follows:
(1) By publication in two (2) newspapers of general circulation in each county having land in the proposed district, three (3) times at successive weekly intervals. The first publication must be at least thirty (30) days before the date of the hearing. If there is only one (1) newspaper of general circulation in a county, three (3) publications in that newspaper are sufficient.
(2) By mailing a copy of the notice at least twenty (20) days before the date of the hearing, first class postage prepaid, to each freeholder who has not signed the petition and who owns land in the proposed district, according to the records of the county auditor. The person having the notice mailed shall file an affidavit with the court showing the following:
(A) The names of the persons to whom notice was sent.
(B) The address to which the notice was sent.
(C) The date on which the notice was mailed.
(b) This subsection applies only to a petition by a municipality under section 7 of this chapter. The municipality shall give notice of hearing as follows:
(1) By publication for three (3) consecutive weeks:
(A) with each publication of notice in two (2) newspapers of general circulation in each county having land in the proposed district or if there is only one (1) newspaper, publication in that newspaper is sufficient; or
(B) with the first publication of notice made in a newspaper or newspapers described in clause (A) and the two (2) subsequent publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the municipality.
The first publication of notice must be at least thirty (30) days before the date of the hearing.
(2) By mailing a copy of the notice at least twenty (20) days before the date of the hearing, first class postage prepaid, to each freeholder who has not signed the petition and who owns land in the proposed district, according to the records of the county auditor. The person having the notice mailed shall file an affidavit with the court showing the following:
(A) The names of the persons to whom notice was sent.
(B) The address to which the notice was sent.
(C) The date on which the notice was mailed.
[Pre-1995 Recodification Citation: 13-3-3-17.]
As added by P.L.1-1995, SEC.26. Amended by P.L.152-2021, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-13. Notice of Further Proceedings

Sec. 13. Notice of the hearing on a petition serves as notice of all further proceedings in connection with the district.
[Pre-1995 Recodification Citation: 13-3-3-18.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-14. Notice of Hearing; Contents

Sec. 14. The notice of the hearing on the petition, in addition to all other requirements, must contain the following:
(1) A statement that a petition for a district is before the court.
(2) A statement of each purpose for which the district is proposed.
(3) A statement as to which municipalities, townships, and counties the area of the proposed district lies within, in whole or in part.
(4) The place of the hearing.
(5) The date of the hearing.
[Pre-1995 Recodification Citation: 13-3-3-19.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-15. Petition Against Establishment of a District

Sec. 15. (a) A petition against the establishment of a district may be presented to the court:
(1) at the hearing on a petition; or
(2) at any time thereafter before the fifth day before the hearing day initially ordered by the court after the receipt of the commission's report.
(b) If the court finds a petition against the establishment of a district contains the signatures of:
(1) at least fifty-one percent (51%) of the freeholders in the proposed district; or
(2) the freeholders who own at least sixty-six and two-thirds percent (66 2/3%) as determined by the assessed valuation of the real property in the proposed district;
the court shall dismiss the petition for the establishment of the district.
(c) Sections 3 and 6 of this chapter apply to this section.
(d) The fifth day before the hearing date initially ordered by the court after the receipt of the commission's report is the last date on which a petition to withdraw signatures may be filed.
[Pre-1995 Recodification Citation: 13-3-3-20.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-16. Petition Requirements and Conformity

Sec. 16. (a) At the hearing on a petition for the establishment of a district, the court shall determine whether the petition:
(1) bears the necessary signatures; and
(2) complies with the requirements as to form and content.
(b) The court may not dismiss a petition with the requisite signatures because of alleged defects without permitting, in this or subsequent proceedings, amendments to correct errors in form or content. The court shall hear any interested person on the question.
(c) The following are prima facie evidence concerning the requirements for signatures on a petition:
(1) Verified certification, based on personal knowledge or information and belief, by:
(A) the persons who carried the petition; or
(B) other persons knowing the facts as to the identity of the persons signing the petition and as to the ownership by those persons of land within the proposed district.
(2) The records of the county auditor or county treasurer.
(d) The determination of:
(1) the number of freeholds; and
(2) the necessary number and identity of freeholders;
shall be made as of the date of filing a petition. If the petition as of that date bears the necessary number of signatures, the petition may not be dismissed because petitioners withdraw signatures that reduces the number of signatures below the required amount unless the withdrawals constitute more than fifty percent (50%) of the signers as of the date of filing.
[Pre-1995 Recodification Citation: 13-3-3-21.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-17. Commission's Determination and Report

Sec. 17. (a) This section applies to all districts, except for districts described in section 18 of this chapter.
(b) If the court determines that a petition conforms to the requirements, the court shall enter an order referring the petition to the commission.
(c) The commission shall make a determination and report to the court whether the proposed district meets the following conditions:
(1) The proposed district appears to be necessary.
(2) The proposed district holds promise of economic and engineering feasibility.
(3) The proposed district seems to offer benefits in excess of costs and damages for purposes other than the following:
(A) Water supply.
(B) Storage of water for augmentation of stream flow.
(C) Sewage disposal.
(4) Whether the public health will be served immediately or prospectively by the establishment of the district for any of the following purposes:
(A) Water supply.
(B) Sewage disposal.
(C) Storage of water for augmentation of stream flow.
(D) Any combination of these purposes.
(5) The proposed district proposes to cover and serve a proper area.
(6) The proposed district could be established and operated in a manner compatible with established:
(A) conservancy districts;
(B) flood control projects;
(C) reservoirs;
(D) lakes;
(E) drains;
(F) levees; and
(G) other water management or water supply projects.
(d) The fact that all the land included in the proposed district is owned by one (1) freeholder or a limited number of freeholders is not a sufficient reason for the commission or the court to make unfavorable findings on:
(1) the question of the establishment of the district; and
(2) later, if the district is established, the approval of the district plan.
However, it must appear from the evidence that the land is subdivided or intended for subdivision and development and that the accomplishment of the purposes proposed and in the manner proposed would be necessary and desirable for the person acquiring and using the land after subdivision and development.
[Pre-1995 Recodification Citation: 13-3-3-22.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-18. Commission's Determination and Report for Certain Counties

Sec. 18. (a) This section applies only to a district to be located in a county having a population of more than one hundred seventy-four thousand (174,000) and less than one hundred eighty thousand (180,000).
(b) If the court determines that a petition conforms to the requirements, the court shall enter an order referring the petition to the commission.
(c) The commission shall make a determination and report to the court whether the proposed district should be established after determining whether the proposed district meets the following conditions:
(1) The proposed district appears to be necessary.
(2) The proposed district holds promise of economic and engineering feasibility.
(3) The proposed district seems to offer benefits in excess of costs and damages for purposes other than the following:
(A) Water supply.
(B) Storage of water for augmentation of stream flow.
(C) Sewage disposal.
(4) Whether the public health will be served immediately or prospectively by the establishment of the district for any of the following purposes:
(A) Water supply.
(B) Sewage disposal.
(C) Storage of water for augmentation of stream flow.
(D) Any combination of these purposes.
(5) The proposed district proposes to cover and serve a proper area.
(6) The proposed district can be established and operated in a manner compatible with established:
(A) districts;
(B) flood control projects;
(C) reservoirs;
(D) lakes;
(E) drains;
(F) levees;
(G) regional water districts;
(H) regional sewer districts; and
(I) other water management or water supply projects.
(d) The fact that all the land included in the proposed district is owned by one (1) freeholder or a limited number of freeholders is not a sufficient reason for the commission or the court to make unfavorable findings on:
(1) the question of the establishment of the district; and
(2) later, if the district is established, the approval of the district plan.
However, it must appear from the evidence that the land is subdivided or intended for subdivision and development and that the accomplishment of the purposes proposed and in the manner proposed would be necessary and desirable for the person acquiring and using the land after subdivision and development.
[Pre-1995 Recodification Citation: 13-3-3-22.5.]
As added by P.L.1-1995, SEC.26. Amended by P.L.170-2002, SEC.95; P.L.119-2012, SEC.122; P.L.104-2022, SEC.96.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-19. Commission's Hearings to Determine Facts

Sec. 19. (a) In determining the facts, the commission shall hold hearings at which the commission shall give any interested person the right to be heard. At the request of an interested person, the commission shall hold hearings at the county seat of a county containing land in the proposed district. The commission shall choose the county seat.
(b) The commission shall give notice of the hearings by publication at least one (1) time in one (1) newspaper of general circulation in each county containing land in the proposed district.
[Pre-1995 Recodification Citation: 13-3-3-23.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-20. Expenses

Sec. 20. The expenses of the hearings and other expenses of necessary investigations and surveys, together with any expense incurred by the commission in subsequent studies of district plans, are payable initially out of the general money of the commission. The district shall repay the expenditures, not to exceed thirty percent (30%) of the amount paid by the district to independent private engineers for the preparation of plans, to the commission from the district's planning money. Commission expenses include only expenses incurred by an assisting or a cooperating state agency for services provided by an entity that is not a state agency.
[Pre-1995 Recodification Citation: 13-3-3-24.]
As added by P.L.1-1995, SEC.26. Amended by P.L.165-2011, SEC.25.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-21. Purpose Within Jurisdiction of Another Agency

Sec. 21. (a) If a proposed purpose is within the administrative jurisdiction of another state agency, the commission shall request technical assistance of the agency and give full weight to the agency in making a report to the court.
(b) State agencies shall furnish assistance to the commission necessary to accomplish the purposes of this article.
[Pre-1995 Recodification Citation: 13-3-3-25.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-22. Report of Commission's Findings

Sec. 22. The commission shall make a report of the commission's findings to the court, including findings on the territorial limits of the proposed district. The commission shall make this report within one hundred twenty (120) days after the petition is referred to the commission, unless the commission requests and receives approval from the court for additional periods of thirty (30) days each.
[Pre-1995 Recodification Citation: 13-3-3-26.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-23. Report as Prima Facie Evidence of Facts

Sec. 23. The factfinding report of the commission on the proposed district is prima facie evidence of the facts stated in the report in all subsequent proceedings.
[Pre-1995 Recodification Citation: 13-3-3-27.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-24. Amendments to Petition

Sec. 24. (a) The court may permit amendments to a petition to conform to the findings of the commission.
(b) If a petition is amended to include additional land other than the land published in the notice for hearing on the petition, the court may make a final determination on the establishment of the district only after there is published notice of the amendments or of motion to amend by the petitioners. In addition, the petitioners shall mail a notice of the amendments or of the motion to amend to all freeholders of the additional land according to section 14 of this chapter, including mailing of notice under section 12 of this chapter.
(c) If a petition is amended to include additional land:
(1) the requirements regarding signatures in sections 2 and 3 of this chapter must be satisfied as if the land had been included in the petition as originally filed; and
(2) the following may be filed with the court at any time before the conclusion of the hearing after the receipt of the commission's report:
(A) Additional signatures to the petition for the establishment of the district.
(B) Signatures to a petition against the establishment of a district.
(C) Withdrawals from either petition.
[Pre-1995 Recodification Citation: 13-3-3-28.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-25. Court Hearing; Notice

Sec. 25. (a) Upon receipt of the commission's report, the court shall set a date for a hearing. The court shall give priority to this hearing in determining the date, but the court must allow at least twenty-one (21) days for interested persons, including petitioners, to file exceptions.
(b) The court shall order notice for this hearing as the court considers necessary, but at least one (1) publication must be made in one (1) newspaper of general circulation in each county having land in the proposed district.
[Pre-1995 Recodification Citation: 13-3-3-29.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-26. Court's Determination

Sec. 26. (a) If the court finds at the hearing that:
(1) the only purpose of the district is water supply or sewage disposal, or both; and
(2) the public health is not served immediately or prospectively by the establishment of the district;
the court shall dismiss the petition.
(b) If the court finds at the hearing that:
(1) a purpose of the district is other than water supply or sewage disposal; and
(2) the costs and damages incident to the establishment of the district will exceed the benefits received within the district;
the court shall dismiss the petition.
(c) If the court finds that the evidence does support the statements in a petition, the court shall order the district established for the purposes named in the petition.
(d) If the court finds that the evidence supports at least one (1) of the purposes named in a petition but does not support at least one (1) of the other purposes, the court shall order the district established only for the purposes the court finds supported by the evidence.
[Pre-1995 Recodification Citation: 13-3-3-30(a), (b), (c), (d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-27. Order Establishing District; Modification of Election Procedures

Sec. 27. (a) If the court orders a district established, the court shall in the order establishing the district determine the following:
(1) The number of directors to serve on the board and the procedures for the election of the directors.
(2) The division of the district into areas.
(3) The time of the annual meeting of the district, which must be before March 1 each year.
(b) After the district is established, the board of directors of the conservancy district may petition the court to modify its order to change the procedures for election of the directors as provided in IC 14-33-5-2.
[Pre-1995 Recodification Citation: 13-3-3-30(e).]
As added by P.L.1-1995, SEC.26. Amended by P.L.88-2003, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-28. Appeals

Sec. 28. An order:
(1) dismissing a petition; or
(2) establishing a district;
may be appealed to the supreme court within thirty (30) days.
[Pre-1995 Recodification Citation: 13-3-3-31.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-29. Final Order

Sec. 29. If:
(1) a district is established by order of the court and an appeal is not taken within thirty (30) days; or
(2) an order establishing a district is affirmed by the supreme court;
the establishment of the district is final and may not be directly or collaterally questioned in any action or proceeding.
[Pre-1995 Recodification Citation: 13-3-3-32.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 2. Establishment › 14-33-2-30. New Petition; Filing

Sec. 30. If a petition is dismissed:
(1) because the court finds the evidence does not support the petition according to section 26 of this chapter; or
(2) according to section 15 of this chapter;
a new petition may not be addressed to any court to establish a district with essentially the same boundaries for any of the same purposes for two (2) years after the date of the order dismissing the petition. However, a petition dismissed for want of jurisdiction, including an insufficient number of signatures, may be refiled at any time after the correction of the jurisdictional defect.
[Pre-1995 Recodification Citation: 13-3-3-33.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 3. Boundaries › 14-33-3-1. Area of District

Sec. 1. Any area may be established as a district if each part of the district is contiguous to another part. A municipality may be included in whole or in part in the district only if at least one (1) of the following conditions exist:
(1) The freeholders in the municipality or the part of the municipality to be included in the district have petitioned to be included in the same proportion as required by IC 14-33-2-2 for the proposed district as a whole.
(2) The municipality has by ordinance of the municipality's legislative body petitioned or joined in the petition to be included in whole or in part in the district.
[Pre-1995 Recodification Citation: 13-3-3-5.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 3. Boundaries › 14-33-3-2. Flood Control

Sec. 2. (a) This section applies to a district described in IC 14-33-9-4.
(b) If one (1) purpose of the district is flood control, the commission and the court in establishing the boundaries of the district under this article shall consider all watersheds affected by the flooding water.
[Pre-1995 Recodification Citation: 13-3-3-5.5.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 3. Boundaries › 14-33-3-3. Land Included in Two Districts

Sec. 3. A parcel of land may be included in two (2) districts established for the same purpose only with the written consent of all the owners of the land.
[Pre-1995 Recodification Citation: 13-3-3-99.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 4. Additions to Districts › 14-33-4-1. "Proposed District" Defined

Sec. 1. As used in this chapter, "proposed district" refers to the district and the area proposed to be added to the district.
[Pre-1995 Recodification Citation: 13-3-3-6.5(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 4. Additions to Districts › 14-33-4-2. Procedures

Sec. 2. (a) This section applies to all districts.
(b) To add area to a district already established:
(1) the same procedure must be used as is provided for the establishment of a district with the petition addressed to the court having jurisdiction over the district; or
(2) the board may pass a resolution adding additional area to the district already established if the board has received a petition that:
(A) is signed by:
(i) the majority of freeholders; or
(ii) a municipality under IC 14-33-2-7;
within the area proposed to be added; and
(B) requests the addition of the area to the district.
The resolution may contain reasonable terms and conditions imposed on the additional area.
(c) The board shall file the resolution and petition with the court.
(d) Upon receipt of a petition or a petition and a resolution, the court shall do the following:
(1) Set a date for a hearing.
(2) Have notice published and mailed to:
(A) the commission; and
(B) the freeholders both in the district and in the area proposed to be added;
in the same manner in which notice is required for notice of the hearing on the original petition to establish the district.
(e) If:
(1) an objection is not filed at the hearing by:
(A) the commission; or
(B) an owner of real property either in the district or in the area to be added; and
(2) the court determines that the petition is proper;
the court shall order the district established in the additional area.
(f) If an objection is filed, the court shall do the following:
(1) Determine at the hearing the following:
(A) The sufficiency of the petition.
(B) The necessity and feasibility of adding the area.
(2) Make the order according to the facts found.
[Pre-1995 Recodification Citation: 13-3-3-6.]
As added by P.L.1-1995, SEC.26. Amended by P.L.4-2004, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 4. Additions to Districts › 14-33-4-3. Repealed

[Pre-1995 Recodification Citation: 13-3-3-6.5(a), (c), (d), (e), (f), (g), (h).]
As added by P.L.1-1995, SEC.26. Amended by P.L.170-2002, SEC.96. Repealed by P.L.4-2004, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 5. Board of Directors › 14-33-5-1. Appointment of Initial Board of Directors

Sec. 1. (a) Within twenty (20) days after an order establishing a district, the board of commissioners of the county shall appoint the initial board of directors. A director shall be appointed for each of the areas in the district established by the court.
(b) A director must have the following qualifications:
(1) Be:
(A) a freeholder of the area of the district for which appointed; or
(B) an officer or a nominee of a corporate freeholder of the area of the district for which appointed.
(2) Be qualified by knowledge and experience in matters pertaining to the development of the district.
(c) A majority of the directors must be:
(1) resident freeholders of the district if available and qualified; and
(2) petitioners for the establishment of the district. For this purpose an officer or a nominee of a corporate freeholder of the district, if the corporation is a petitioner, is considered a petitioner.
[Pre-1995 Recodification Citation: 13-3-3-34(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 5. Board of Directors › 14-33-5-2. Election to Fill Vacancies; Number of Votes to Elect

Sec. 2. (a) At each annual meeting of the district, directors shall be elected to fill vacancies on the board due to expiration of terms, resignation, or otherwise. The election shall be conducted by written ballots. Except as provided in subsection (c), to be elected an individual must receive a plurality of the votes of the freeholders of the district who are:
(1) present and voting in person; or
(2) absent but have mailed or delivered a written ballot vote.
(b) A written ballot vote must be signed and mailed or delivered to the district office. A ballot is valid if delivered or received before the scheduled date of the annual meeting.
(c) Upon receipt of a petition from the board of directors of a conservancy district, the court may modify the order establishing the district under IC 14-33-2-27 to provide that each director representing an area established under IC 14-33-2-27 shall be elected by a plurality of the votes of the freeholders of the respective areas.
[Pre-1995 Recodification Citation: 13-3-3-34(b) part.]
As added by P.L.1-1995, SEC.26. Amended by P.L.88-2003, SEC.2; P.L.84-2016, SEC.75; P.L.255-2017, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 5. Board of Directors › 14-33-5-3. Nominations

Sec. 3. (a) Beginning October 24 and not later than November 1, the board shall invite nominations to fill vacancies on the board at the next annual meeting by one (1) publication in a newspaper of general circulation in each county in the district. Each publication must do the following:
(1) Contain the names of the directors whose terms are expiring and the area of the district involved.
(2) Invite nominations to fill vacancies.
(3) State the qualifications for the office as prescribed by section 1 of this chapter, except for the following:
(A) A nominee does not have to have been a petitioner for the establishment of the district.
(B) A nominee does not have to be a resident of the area of the district for which nominations are invited.
(b) Nominations for director must:
(1) be submitted to the office of the district in writing before December 1 following notice of vacancies; and
(2) be signed by at least five (5) freeholders from the areas designated by the secretary's notice.
(c) Nominations that are mailed are valid if:
(1) delivered or postmarked before December 1;
(2) the envelope has sufficient United States postage; and
(3) the envelope is addressed to the district's office.
[Pre-1995 Recodification Citation: 13-3-3-34(b) part, (c).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 5. Board of Directors › 14-33-5-4. Annual Meeting

Sec. 4. (a) The annual meeting of the district must be held at the time designated by the court:
(1) at the district's office; or
(2) at a place in or near the district as determined by resolution of the board adopted before December 1 of the year.
(b) Notice of the annual meeting of the district must be given by one (1) publication in a newspaper of general circulation in each county in the district at least fourteen (14) and not more than thirty-one (31) days before the annual meeting. The notice must contain the following:
(1) The names of the nominees.
(2) The place where the election will be held.
(3) The time of the election.
(4) The fact that this is the annual meeting of the district.
(5) The purposes of the meeting.
(6) The time during which ballots may be cast.
[Pre-1995 Recodification Citation: 13-3-3-34(d), (e).]
As added by P.L.1-1995, SEC.26.