reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 1. Duties of Department › 14-27-1-1. General Duties of Department

Sec. 1. The department shall do the following:
(1) Investigate, compile, and disseminate information and make recommendations relative to the drainage and reclamation of land.
(2) Make surveys and reconnaissance and prepare the maps, charts, statistical tables, and other documents and appurtenances that are considered necessary to enable landowners, public officials, or other persons interested in or charged by law with the duty of promoting and securing the drainage and reclamation of land to proceed more intelligently with their work.
(3) Recommend and secure the enforcement of laws for the drainage and reclamation of the swamp, overflowed, and nonarable land of Indiana.
(4) Ascertain, determine, designate, and define natural drainage and reclamation areas. When requested, place at the disposal of the public officials charged by law with the establishment and execution of the work the information that will enable the public officials, when providing for the drainage or reclamation of a component part of the natural drainage or reclamation areas, to proceed with the work so that the component systems, when established and completed, form a scientifically integrated system whereby the entire natural drainage or reclamation area is most economically and scientifically drained or reclaimed.
(5) Prepare computations of the probable maximum quantity of water likely to be collected from a drainage or reclamation area or district and discharged by a ditch or system of ditches or drains, together with the probable maximum capacity of the outlet by which the water is to make its escape.
(6) Prepare computations of the probable maximum quantity of water likely to be restrained or impounded by a levee or dike or a system of levees or dikes, together with the location and the probable maximum height and strength of the proposed dikes or levees by which the water is to be restrained and impounded.
(7) Make the computations prepared under subdivisions (5) and (6) available, on request, to and placed at the disposal of a public official or other person authorized by law to locate, establish, or construct ditches, drains, levees, or dikes for the purpose of enabling the person to locate, establish, and construct the ditches, drains, levees, or dikes so that land other than land assessed for benefits and wherever located is not subjected to inundation, overflow, or unnecessary or unnatural hazard or inconvenience.
[Pre-1995 Recodification Citation: 14-3-1-15(a).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 1. Duties of Department › 14-27-1-2. Notices Required to Be Made to Department

Sec. 2. Within five (5) days after:
(1) an order has been made by a circuit or superior court, board of commissioners, or county auditor referring a petition for drainage or for the establishment and construction of a levee or dike to the:
(A) drainage or levee commissioners;
(B) county surveyor; or
(C) joint board of drainage commissioners for interstate drains; and
(2) the election and organization of the board of directors of an incorporated levee or dike association under Indiana law for the location, establishment, or construction of ditches, drains, levees, or dikes;
the clerk of the circuit court, the county auditor, or the clerk of the board of directors of the incorporated levee or dike association shall notify the department by registered letter of the making of the order or the election and organization of the board of directors.
[Pre-1995 Recodification Citation: 14-3-1-15(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 1. Duties of Department › 14-27-1-3. Contents of Notices

Sec. 3. The letter required by section 2 of this chapter must state the following:
(1) The names and addresses of the drainage or levee commissioners or the members of the board of directors.
(2) The date and place of meeting of the commissioners or board of directors to make personal inspection of the land described in the petition or likely to be affected by the proposed work of drainage or levee or dike construction.
(3) The date fixed by the court or board of county commissioners or otherwise upon which the preliminary or final report of the drainage or levee commissioners or board of directors is to be submitted.
[Pre-1995 Recodification Citation: 14-3-1-15(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 1. Duties of Department › 14-27-1-4. Collection of Data, Statistics, or Information

Sec. 4. Upon the receipt of notice under section 2 of this chapter or at any time thereafter, the department may obtain, collate, and interpret the data, statistics, or other information relative to the proposed ditch, drain, levee, or dike that in the discretion of the department is considered necessary to enable the department to fully and satisfactorily perform the duties required by this chapter. The data, statistics, or other information may be obtained by the department or an agent of the department either in person or by a suitable questionnaire prepared by the department and submitted to:
(1) the clerk of the circuit court or the auditor of the county having jurisdiction of the case; or
(2) the drainage or levee commissioners or board of directors or superintendent of construction.
[Pre-1995 Recodification Citation: 14-3-1-15(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 1. Duties of Department › 14-27-1-5. Designation of Technical Advisor

Sec. 5. The department may, upon the receipt of a request in writing from:
(1) the circuit or superior court or the board of county commissioners having jurisdiction of the case;
(2) the drainage or levee commissioners;
(3) the board of directors of an incorporated levee or dike association;
(4) the superintendent of construction; or
(5) a petitioner or a landowner who may be affected by an assessment or damages incident to the establishment and construction of the proposed work;
direct the state engineer or an authorized agent or person connected with the division of engineering to act as a technical advisor.
[Pre-1995 Recodification Citation: 14-3-1-15(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 1. Duties of Department › 14-27-1-6. Duties of Technical Advisor

Sec. 6. The department may direct the technical advisor designated under section 5 of this chapter to do any of the following:
(1) Accompany the drainage or levee commissioners, the joint board of drainage commissioners, or the board of directors of an incorporated levee or dike association and assist and advise them while making personal inspection of the land likely to be affected by the proposed work to determine the best and cheapest method of drainage or of constructing the proposed levee or dike, including the termini, route, location, character, and dimensions of the main drain or levee, as well as any arms, branches, or laterals, considering future contingencies as well as present needs, and cooperate with them in the determination of all other matters that the commissioners or board of directors are lawfully required to perform and on which they may request the person's assistance or advice.
(2) Sit in an advisory capacity during the hearing of the preliminary or final report of the drainage or levee commissioners or board of directors by the court or county executive until the proceedings have been dismissed or an order has been issued declaring the proposed work established.
(3) Cooperate with the superintendent of construction, commissioner, or other person charged with the execution of the work in the determination of all matters on which the person's advice or assistance is requested.
[Pre-1995 Recodification Citation: 14-3-1-15(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 2. Levees; Miscellaneous Provisions › 14-27-2-1. Acquisition of Property by Purchase or Eminent Domain

Sec. 1. A person, an officer, a corporation, a limited liability company, or an association authorized by law to maintain, protect, or repair a levee constructed under Indiana law may purchase for the use of the levee the real property that is necessary, in the opinion of the person, officer, corporation, limited liability company, or association, to protect, maintain, or repair the levee. If the person, officer, corporation, limited liability company, or association is unable to agree with the owner of the real property, the person, officer, corporation, limited liability company, or association may proceed to acquire the real property by condemnation in the same manner and with the same effect as provided by law for the condemnation of real property for railroad purposes.
[Pre-1995 Recodification Citation: 13-2-19-1.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 2. Levees; Miscellaneous Provisions › 14-27-2-2. Riding or Driving on Levee Prohibited

Sec. 2. A person who knowingly rides or drives upon or over a levee constructed under law, except for the purpose of:
(1) passing over the levee:
(A) at a public or private crossing; or
(B) upon a part of a public highway; or
(2) inspection or repair;
commits a Class B infraction.
[Pre-1995 Recodification Citation: 13-2-19-2.]
As added by P.L.1-1995, SEC.20. Amended by P.L.71-2004, SEC.10.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-1. Duties of Superintendent of Construction

Sec. 1. (a) The superintendent of construction of the work shall do the following:
(1) Keep an account of all money collected and paid out by the superintendent in relation to the work.
(2) Take vouchers for all money paid out.
(3) Keep an account of time spent on the superintendent's duties. If the superintendent is engaged in at least two (2) works on the same day, the superintendent shall divide the day among the works in proportion to the time devoted to each.
(4) At least one (1) time every six (6) months, make under oath to the court a full report of all matters relating to the work. The court shall allow the superintendent an amount not exceeding four dollars ($4) per day for the time actually and necessarily spent by the superintendent on the work.
(b) The superintendent is under the direction of the court. If the superintendent fails to obey the orders of the court, the superintendent:
(1) forfeits all compensation due the superintendent;
(2) shall be treated summarily as for contempt; and
(3) may be removed by the court.
(c) An action may also be brought upon the superintendent's bond, in the name of the state of Indiana, for a failure of duty, and the amount recovered shall be applied to payment of the expenses of the construction.
(d) The court may at any time discharge the superintendent and appoint another superintendent.
[Pre-1995 Recodification Citation: 13-2-19.5-1(a).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-2. Laborer's and Materialman's Liens

Sec. 2. (a) All laborers and other persons who perform a service or furnish materials in the construction of the work under this chapter have a lien upon the fund raised for the construction of the work. Upon notice in writing filed with the county treasurer of the amount due and what the amount is for, the treasurer shall withhold payment to the contractor on any warrant drawn in the contractor's favor in an amount sufficient to satisfy the lien, until the amount is adjusted.
(b) If the contractor and the person claiming the lien disagree on the amount or validity of the lien, the court shall, on motion of the superintendent, contractor, or person claiming the lien, determine the matter.
(c) On failure to comply with this section, the superintendent is liable on the superintendent's bond for any amount improperly paid over to the contractor.
[Pre-1995 Recodification Citation: 13-2-19.5-1(b).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-3. Pro Rata Distribution of Excess Money

Sec. 3. If money remains after the payment of the cost of the construction of the work and expenses connected with the work, the money shall be distributed, pro rata, according to the amount paid by the owners of the land and the corporations assessed for the work.
[Pre-1995 Recodification Citation: 13-2-19.5-1(c).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-4. Assessments; Defect in Proceedings Not Defeating Collection

Sec. 4. The collection of assessments is not defeated by reason of a defect in the proceeding occurring before the judgment of the court approving and confirming the assessment of benefits and damages and ordering the work established if the court had jurisdiction. The judgment is conclusive that all prior proceedings were regular and according to law. A person may not, at any stage of the proceedings, take advantage of an error, a defect, or an informality that does not directly affect the person. If the court releases a person of liability or modifies the person's assessment, the act of the court does not affect the rights or liabilities of any other person.
[Pre-1995 Recodification Citation: 13-2-19.5-2(a).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-5. Assessments; Petition for Additional Assessments

Sec. 5. (a) If it appears that the assessment of benefits is insufficient to complete the work and pay expenses in connection with the work, the superintendent of construction may file a petition asking the court for an additional assessment. Five (5) days notice of the filing of the petition shall be given to each person assessed for the work or to the attorney of record of the person. The notice shall be given and served in the same manner as the notice of filing of the original petition.
(b) On or before the expiration of the five (5) days notice, an interested person may file an answer or objection to the petition.
(c) The court may:
(1) after:
(A) the expiration of the time; or
(B) hearing the answer or objection if an answer or objection is filed; and
(2) if satisfied of the necessity;
make an additional assessment on all land originally assessed as benefited and in proportion to the original assessment. The additional assessments, or as much of the additional assessments that are necessary, are first liens upon the land against which the additional assessments are assessed and shall be collected as provided for the original assessments.
[Pre-1995 Recodification Citation: 13-2-19.5-2(b).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-6. Assessments; Supplemental Petitions

Sec. 6. (a) The superintendent of construction or a person interested in the work may also file with the court a supplemental petition showing that land not assessed for benefits or damages is affected by the work whether or not the land is described in the petition or in either report of the commissioners. Notice of the supplemental petition shall be given as provided for filing the original petition.
(b) The court shall refer the supplemental petition to the commissioners to report on the supplemental petition. All proceedings may be had and orders and decrees made, including the construction of additional arms or branches, as if the supplemental petition were an original petition. However, the proceedings on the supplemental petition do not affect the original petition unless the court, for good cause, orders the petitions consolidated. An order to consolidate the petitions, however, may not delay the original work.
[Pre-1995 Recodification Citation: 13-2-19.5-2(c).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-7. Levee Repair and Maintenance; Records; Warrants

Sec. 7. (a) The committee placed in charge of the levee may perform maintenance and make all necessary repairs to the levee that are necessary to keep the levee in original condition. However, the committee shall perform the maintenance of and repairs to the levee that are necessary to maintain federal certification of the levee. The committee shall notify the county executive not later than ten (10) days after a change in the status of a levee that no longer meets the requirements necessary to maintain federal certification. If it becomes necessary for the safety of the levee to change the line and location of the levee at any point in making the repairs, the committee may make the change. However, the committee may not change or relocate the general line or location of the levee.
(b) The committee shall do the following:
(1) Keep a record of the committee's proceedings.
(2) Note in the record all expenses incurred in making the repairs.
(3) File with the county auditor a statement showing the cost and expenses of making the repairs, specifying the amounts due each person.
(c) The auditor shall draw a warrant on the county treasurer in favor of each person for the amount due the person. The amounts shall be paid out of the county revenue but reimbursed to the county.
(d) Notwithstanding any other law, the cost and expenses of performing maintenance on a levee under subsection (a) shall be apportioned and assessed in the same manner as repair costs and expenses to a levee.
[Pre-1995 Recodification Citation: 13-2-19.5-3(a), (b).]
As added by P.L.1-1995, SEC.20. Amended by P.L.108-2013, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-8. Apportionment and Assessment of Costs of Repairs

Sec. 8. (a) To raise the necessary money to reimburse the county, the committee in charge of a levee shall apportion and assess the costs upon the land and corporations to be benefited by the repairs in proportion to the benefits not more than ninety (90) days after filing the statement of costs and expenses for repairs under section 7(b)(3) of this chapter. The costs may not exceed the benefits. However, if the repairs have been made necessary by the act or negligence of:
(1) the owner or occupant of land; or
(2) an employee or agent of the owner or occupant;
the cost of the repairs shall be assessed against that land alone.
(b) If a committee in charge of a levee:
(1) before July 1, 2013, has filed the statement of costs and expenses for repairs under section 7(b)(3) of this chapter; and
(2) has not:
(A) reimbursed the county for the costs and expenses for repairs to the levee; or
(B) apportioned and assessed the costs upon the land and corporations benefited by the repairs as required in subsection (a);
the committee in charge of a levee shall, before September 29, 2013, apportion and assess the costs upon the land and corporations benefited by the repairs as required by subsection (a).
[Pre-1995 Recodification Citation: 13-2-19.5-3(c).]
As added by P.L.1-1995, SEC.20. Amended by P.L.108-2013, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-8.5. Appointed Levee Committee Members

Sec. 8.5. (a) The county council and county executive shall each appoint an individual to serve as a voting member of the committee in charge of a levee.
(b) A member of a committee in charge of a levee appointed under this section serves at the pleasure of the appointing authority.
As added by P.L.108-2013, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-9. Notice of Assessments

Sec. 9. (a) The committee shall, within five (5) days after making an assessment, post written notices as follows:
(1) In three (3) public places in the township where the land assessed is situated, near to the work done.
(2) One (1) at the door of the courthouse of each county in which the land is situated.
(b) The committee shall note in the record in the committee's office the time and place of posting of each notice.
[Pre-1995 Recodification Citation: 13-2-19.5-3(d).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-10. Appeal of Assessment; Bond; Summons; Pleadings

Sec. 10. (a) A person assessed may appeal the assessment to the circuit or superior court of the county in which the proceedings for the construction of the work were held by filing with the clerk of the court, within ten (10) days after the date of posting the notices, an appeal bond:
(1) payable to the committee in the amount of two (2) times the assessment;
(2) with surety to the approval of the clerk; and
(3) conditioned that the person will prosecute the appeal and pay all costs that are adjudged against the person.
(b) The clerk shall issue a summons for the committee served by the sheriff.
(c) The committee shall file with the clerk the following:
(1) A copy of the record of the assessment for the repairs.
(2) The notice of the assessment.
(3) A statement showing when and where the notices were posted.
(d) Other pleadings are not necessary.
[Pre-1995 Recodification Citation: 13-2-19.5-3(e).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-11. Appeal of Assessment; Proceedings

Sec. 11. (a) The appeal shall be tried by the court without a jury. A change of venue from the judge but not from the county is allowed. The only questions tried are the following:
(1) Whether the repairs are necessary.
(2) What is the cost of the repairs.
(3) Whether the appellant's land is benefited by the repairs.
(4) If the appellant's land is benefited, what part of the costs should be assessed against the land of the appellant.
(b) The decision of the court may not be appealed.
[Pre-1995 Recodification Citation: 13-2-19.5-3(f).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-12. Appeal of Assessment; Costs

Sec. 12. (a) If the court reduces the assessment against the land of the appellant at least twenty percent (20%), all the costs of the appeal shall be added to the assessment and shall be assessed upon the tracts of land in the same proportion as the original assessment.
(b) If the court does not reduce the assessment of the appellant at least twenty percent (20%), the appellant must pay all costs of the appeal.
(c) If more than one (1) person appeals, the cases shall be consolidated and tried together and the costs apportioned as justice requires.
[Pre-1995 Recodification Citation: 13-2-19.5-3(g).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-13. Assessments; Certified Copy; Placement on Tax Duplicate; Applicability of Statutes

Sec. 13. (a) The:
(1) clerk of the court, when an appeal is disposed of; or
(2) committee, if an appeal is not taken;
shall make a certified copy of the assessment as confirmed by the court in an appeal or as made originally if an appeal is not taken. The clerk or committee shall file the certified copy with the auditor of the county in which the proceedings are held.
(b) The auditor shall place the assessments against each tract of land upon the next succeeding tax duplicate. The assessment is a lien from the time of posting the original notices of the assessments and shall be collected as other state and county taxes are collected.
(c) All statutes regulating:
(1) the payment and collection of state and county taxes;
(2) the assessment of penalties and interest; and
(3) the sale of property for delinquent taxes;
apply to the payment and collection of assessments that are placed upon the tax duplicates under this section.
[Pre-1995 Recodification Citation: 13-2-19.5-3(h).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-14. Preservation and Protection of Levee

Sec. 14. (a) The committee in charge of a levee may preserve and protect the levee, including a strip of land ten (10) feet in width on the inside of the levee.
(b) If the committee determines that the preservation of the levee or a part of the levee requires that the levee should be fenced, the committee may have suitable fences erected along the levee.
(c) The committee may also do the following:
(1) Adopt the means necessary to keep the levee free from sprouts, grass, weeds, briers, and other growth.
(2) Sow grass seed on the levee.
(3) Use the means necessary to protect the levee from varmints or burrowing animals.
[Pre-1995 Recodification Citation: 13-2-19.5-4(a).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-15. Additions to or Protection of Levee Upon Petition of Landowners

Sec. 15. If requested by a petition signed by a majority of the owners of land protected by the levee, the committee in charge of a levee may do the following:
(1) Make additions to the levee by increasing the height or width of the levee.
(2) Protect against the encroachment of a stream and take all necessary steps to protect and prevent the washing and cutting away of the banks of the stream by the construction of a suitable work that will prevent the washing or cutting of the banks.
[Pre-1995 Recodification Citations: 13-2-19.5-5 part; 13-2-19.5-6 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-16. Pumping or Removal of Water Upon Petition of Landowners

Sec. 16. If requested in writing by a majority of interested landowners, the committee in charge of a levee may pump out or remove from land protected by the levee water that collects and remains standing on the land and that does not have a means of outlet. For this purpose the committee may purchase pumps or adopt other suitable means for the removal of the water.
[Pre-1995 Recodification Citation: 13-2-19.5-7 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-17. Applicability of Statutes Regarding Assessments

Sec. 17. All of the provisions of sections 7 through 13 of this chapter concerning:
(1) the payment of the cost of repairs of levees;
(2) the making of assessments for the cost;
(3) the right of appeal from the assessments; and
(4) the manner of collecting the assessments;
apply to work done under sections 14, 15, and 16 of this chapter.
[Pre-1995 Recodification Citations: 13-2-19.5-4(b); 13-2-19.5-5 part; 13-2-19.5-6 part; 13-2-19.5-7 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-18. Minimum Annual Assessment

Sec. 18. Notwithstanding the percent of benefit assessment determined by a levee committee under Acts 1907, c.223, s.8 1/2, as added by Acts 1941, c.159, s.1, as amended, and as preserved from repeal under certain circumstances by section 19 of this chapter, the minimum annual amount to be imposed for levee purposes upon a tract of land benefited by the levee may not be less than five dollars ($5).
[Pre-1995 Recodification Citation: 13-2-19.5-8.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 3. Control of Levees › 14-27-3-19. Effect of Recodification

Sec. 19. A levee district or association that was created under a statute that was repealed by IC 19-3-2-106 (recodified as IC 13-2-19.5-9 before its repeal, and later recodified as this section):
(1) is not affected by the repeal;
(2) except as provided in subdivision (3), may continue to exist as if the statute had not been repealed; and
(3) is subject to the requirements under this chapter.
[Pre-1995 Recodification Citation: 13-2-19.5-9.]
As added by P.L.1-1995, SEC.20. Amended by P.L.118-2014, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 4. Levee Associations; Merged › 14-27-4-1. Applicability of Chapter

Sec. 1. This chapter applies to a levee association or corporation that meets the following conditions:
(1) The levee association or corporation was a levee association originally organized under Acts 1913, c.165, that:
(A) accepted the provisions of:
(i) IC 23-7-1 (before its repeal on September 2, 1971);
(ii) IC 23-7-1.1 (before its repeal on August 1, 1991); or
(iii) IC 23-17; and
(B) merged with a levee association originally organized under IC 23-7-1.
(2) The surviving corporation or association of the merger has in the articles of merger restated the provisions of the corporation's or association's articles to do the following:
(A) Include among the corporation's or association's purposes the construction, extension, changing, improvement, maintenance, or repair of a levee, dike, breakwater, dam, sewer, ditch, drain, diversion channel, creek, water course, pumping station, syphon, flood gate, waste gate, or a combination of more than one (1) of these objects or in any work determined to be necessary for or to be an aid to the protection, drainage, reclamation, or improvement of wet or overflowed land subject to overflow.
(B) Use all statutes relating to levees, ditches, and drains.
(3) At least one (1) of the following has occurred:
(A) The levee association has entered into a commitment with a state or federal authority or agency for the construction of a levee or for the planning of a levee.
(B) Federal or state money has been appropriated or expended in feasibility studies or for preconstruction planning before March 10, 1967, as a consequence of the commitment.
[Pre-1995 Recodification Citation: 13-2-28-1 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 4. Levee Associations; Merged › 14-27-4-2. Effect of Repeal on Surviving Corporation

Sec. 2. A surviving corporation:
(1) may continue and possesses all the rights, powers, duties, and privileges of any law repealed by IC 19-3-2-106 (repealed April 1, 1980); and
(2) is not affected by the repeal.
[Pre-1995 Recodification Citation: 13-2-28-1 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 4. Levee Associations; Merged › 14-27-4-3. Effect on Rights and Obligations of Surviving Corporation

Sec. 3. A surviving corporation has all the specific rights, powers, privileges, and obligations conferred on levee associations organized under Acts 1913, c.165, as amended.
[Pre-1995 Recodification Citation: 13-2-28-2.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-1. Applicability of Chapter

Sec. 1. This chapter applies to the following:
(1) A levee association incorporated before March 10, 1967, under Acts 1913, c.165, or a successor of the association.
(2) An association existing before March 10, 1967, under IC 23-7-1 (repealed September 2, 1971) for the purpose of using a statute:
(A) concerning levees, ditches, and improvements relating to levees or ditches; and
(B) repealed by IC 19-3-2-106 (repealed April 1, 1980).
(3) A levee association complying with IC 14-27-4.
[Pre-1995 Recodification Citation: 13-2-29-1(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-2. Application for Loan

Sec. 2. The board of directors of an association described in section 1 of this chapter may apply to the federal Farmers Home Administration, the United States Department of Housing and Urban Development, or any other agency of the federal government authorized by federal law to make loans for works of improvement for a long term or short term loan to cover the association's expenses in connection with the construction of a levee or ditch and any other required or related improvements, including the following expenses:
(1) General, legal, and administrative expenses.
(2) The acquisition of land rights.
(3) Costs of engineering.
(4) Other costs of necessary construction and maintaining and operating the works of improvement authorized by applicable governmental authority.
[Pre-1995 Recodification Citation: 13-2-29-1(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-3. Evidence and Security of Loan

Sec. 3. A loan may be:
(1) evidenced by one (1) installment note or by a series of notes; and
(2) secured by the collection of a special assessment levied as provided in section 11 of this chapter.
[Pre-1995 Recodification Citation: 13-2-29-1(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-4. Terms of Loan Subject to Agreement and Federal Law

Sec. 4. The following are subject to the agreement of the board of directors and the federal agency and applicable federal law:
(1) The time repayment of a loan must begin.
(2) The term within which the loan is repaid.
(3) The amount of interest.
(4) The time of making payments of interest.
(5) The interval at which interest shall be paid.
[Pre-1995 Recodification Citation: 13-2-29-1(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-5. Petition for Approval of Loan

Sec. 5. Before making financial commitments described in this chapter with a federal agency, the board of directors must file a petition for approval of the proposed action in the circuit court, superior court, or probate court of the county in which the most land affected by the construction or improvements lies. The petition must state the following for the proposed loan:
(1) The purpose.
(2) The amount.
(3) The terms.
[Pre-1995 Recodification Citation: 13-2-29-1(b) part.]
As added by P.L.1-1995, SEC.20. Amended by P.L.84-2016, SEC.70.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-6. Hearing on Petition for Approval of Loan

Sec. 6. The court shall do the following:
(1) Set a date for a hearing.
(2) Allow at least twenty-one (21) days for an interested person to file objections.
(3) Order notice for the hearing that the court considers necessary. However, publication must at least be made in each of the counties containing land within the affected area in accordance with IC 5-3-1. The notice must set forth in summary form the contents of the petition.
[Pre-1995 Recodification Citation: 13-2-29-1(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-7. Court Approval of Loan

Sec. 7. If at the hearing the court finds that:
(1) the loan as proposed in the petition is necessary for the accomplishment of the purposes set forth in this chapter; and
(2) the terms and conditions are reasonable and probably are as beneficial to accomplish the purposes as would be obtainable in private competitive financial markets;
the court shall approve the petition and authorize the board of directors to enter into the loan agreement.
[Pre-1995 Recodification Citation: 13-2-29-1(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-8. Levy of Special Assessment Upon Court Approval

Sec. 8. Upon approval by the court, the board of directors may levy the special assessments necessary for the repayment of the loan.
[Pre-1995 Recodification Citation: 13-2-29-1(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-9. Purposes of Loan

Sec. 9. The board of directors may secure part or all of the money necessary for the project under this chapter. The board of directors may make the loan for any of the board's needs to cover the expenses for which the loan is sought and maintaining and operating the works of improvement that have been authorized by applicable governmental authority. The loan may also be used to refinance a prior loan whose proceeds have been used for any of the purposes described in section 2 of this chapter.
[Pre-1995 Recodification Citation: 13-2-29-1(c).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-10. Offer of Bond Issue for Sale to Federal Agency

Sec. 10. If the board of directors:
(1) decides not to enter into a loan agreement with a federal agency by installment note or series of notes; and
(2) instead prepares a bond issue, in whole or in part;
the board of directors may offer the bond issue for sale to a federal agency without a public offering or the securing of competitive bids on the bond offering.
[Pre-1995 Recodification Citation: 13-2-29-1(d).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 5. Levee Associations; Federal Loans › 14-27-5-11. Repayment of Loan by Levy of Special Assessment

Sec. 11. A loan made under this chapter or under IC 13-2-29-1 (before its repeal) shall be repaid by levy of the special assessment authorized on the real property within the proposed project. The assessment against the landowners must be in the proportion that the benefits assessed against each tract of real property bear to the total benefits assessed as shown by the report of the appraisers appointed by the board of commissioners of the county under Acts 1913, c. 165, s. 16. Statutes regulating:
(1) the payment and collection of state and county taxes;
(2) the placing of assessments on the tax rolls and the recording of the assessments;
(3) the validity of the assessments;
(4) the assessment of penalties and interest; and
(5) the sale of property for delinquent taxes;
apply to the assessments.
[Pre-1995 Recodification Citation: 13-2-29-2.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-1. Application of Chapter

Sec. 1. This chapter applies to the following:
(1) A city having a population of more than one hundred ten thousand (110,000) and less than one hundred fifty thousand (150,000).
(2) The county in which a city described in subdivision (1) exists.
[Pre-1995 Recodification Citation: 13-2-31-2 part.]
As added by P.L.1-1995, SEC.20. Amended by P.L.119-2012, SEC.121; P.L.104-2022, SEC.94.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-2. "Board" Defined

Sec. 2. As used in this chapter, "board" refers to the board of the levee authority.
[Pre-1995 Recodification Citation: 13-2-31-1 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-3. "Gate" Defined

Sec. 3. As used in this chapter, "gate" means any opening in a levee that can be closed mechanically to prevent the flow of water through the levee.
[Pre-1995 Recodification Citation: 13-2-31-1 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-4. "Levee" Defined

Sec. 4. As used in this chapter, "levee" means any wall built along a stream to keep the stream from overflowing the banks.
[Pre-1995 Recodification Citation: 13-2-31-1 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-5. "Pumping Station" Defined

Sec. 5. As used in this chapter, "pumping station" means any place equipped with pumps for the purpose of lifting water over a levee wall and into the stream.
[Pre-1995 Recodification Citation: 13-2-31-1 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-6. Ordinance Establishing Levee Authority

Sec. 6. The:
(1) city fiscal body; or
(2) city fiscal body and the county fiscal body;
may adopt an ordinance to establish a levee authority for the purpose of acquiring land, rights-of-way, and easements on which the board or the United States Army Corps of Engineers can construct, improve, equip, maintain, control, lease, and regulate levees to hold back flood waters either within or without the district. The authority has jurisdiction over a district coterminous with the jurisdictional boundaries of the fiscal body adopting the ordinance.
[Pre-1995 Recodification Citation: 13-2-31-2 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-7. Board; Executive and Legislative Powers

Sec. 7. The board shall exercise the executive and legislative powers of the authority as provided by this chapter.
[Pre-1995 Recodification Citation: 13-2-31-3.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-8. Board; Members

Sec. 8. (a) The board consists of three (3) members as follows:
(1) Two (2) members shall be appointed by the city executive.
(2) One (1) member shall be appointed by the board of commissioners of the county if the fiscal body of the county adopted an ordinance under section 6 of this chapter or under IC 13-2-31-2 (before its repeal).
(b) Not more than two (2) members of the board may be members of the same political party.
[Pre-1995 Recodification Citation: 13-2-31-4.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-9. Board; Eligibility of Members

Sec. 9. To be eligible to be appointed as a member of the board, an individual must meet the following conditions:
(1) Be at least eighteen (18) years of age.
(2) Be a resident householder of the city if appointed by the city executive.
(3) Be a resident of the county.
[Pre-1995 Recodification Citation: 13-2-31-5.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-10. Board; Appointment of Members; First Meeting

Sec. 10. As soon as possible after the adoption of an ordinance for the creation of a levee authority, the members of the board shall be appointed as provided in section 8 of this chapter. The members shall meet on the day of the first meeting of the board and organize as the board.
[Pre-1995 Recodification Citation: 13-2-31-7(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-11. Board; Terms of First Members

Sec. 11. (a) Except as provided in subsection (b), the first members of the board shall be appointed as follows:
(1) One (1) member for the term of one (1) year.
(2) One (1) member for the term of two (2) years.
(3) One (1) member for the term of three (3) years.
(b) If the board consists of members appointed from both the city and the county:
(1) the city executive shall appoint members for original terms of one (1) and two (2) years; and
(2) the board of commissioners of the county shall appoint a member for a term of three (3) years.
[Pre-1995 Recodification Citation: 13-2-31-7(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-12. Board; Filling of Vacancy Upon Expiration of Term

Sec. 12. Upon the expiration of a term, the city executive or board of commissioners of the county shall appoint a member to fill the vacancy.
[Pre-1995 Recodification Citation: 13-2-31-7(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-13. Board; Filling of Vacancy Upon Resignation

Sec. 13. If a vacancy occurs on the board by resignation or otherwise, except for the expiration of a term, the city executive or board of commissioners of the county shall appoint a member for the remainder of the term.
[Pre-1995 Recodification Citation: 13-2-31-7(b) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-14. Board; Terms of Members

Sec. 14. (a) Except as otherwise provided in this chapter, a member of the board serves for a term of three (3) years:
(1) beginning at noon on the day of the first meeting of the board; and
(2) continuing until a successor has qualified for the office.
(b) A member of the board is eligible for reappointment to successive terms.
(c) A member of the board may be impeached under the procedure provided for the impeachment of county officers.
[Pre-1995 Recodification Citations: 13-2-31-6; 13-2-31-7(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-15. Board; Restrictions on Members

Sec. 15. (a) A member of the board is ineligible to hold an appointive office or employment for the authority.
(b) A member of the board may not be or become personally interested in a contract with or claim against the authority.
[Pre-1995 Recodification Citation: 13-2-31-8.]
As added by P.L.1-1995, SEC.20.