Citations Affected: IC 36-9-27-21.
Synopsis: Drain assessments. Specifies that if a drainage board
imposes an assessment on a drain located on a certain type of parcel,
the drainage board is prohibited from imposing another assessment on
the drain for the same purpose.
Effective: July 1, 2003.
January 16, 2003, read first time and referred to Committee on Governmental Affairs and
A BILL FOR AN ACT to amend the Indiana Code concerning local
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 21. (a) A drain that is
located partly or wholly within the corporate boundaries of a
municipality is subject to this chapter only if it was constructed by the
municipality under this chapter, IC 19-4 (repealed February 26, 1982),
or a statute repealed by Acts 1965, c.305, s.1003.
(b) If a municipal drain not subject to this chapter flows directly or indirectly into a regulated drain that is subject to this chapter, the board shall assess the land benefited by the municipal drain to the extent that it is benefited by the construction, reconstruction, or maintenance of the regulated drain.
(c) This subsection applies to any parcel of land that is partly within the corporate boundaries of a municipality having a drain affected by subsection (b). Notwithstanding section 38 of this chapter, if the drainage board
may make only one (1) assessment for the same
purpose on each individual drain on the parcel. imposes an assessment
on a drain located on a parcel, the drainage board is prohibited
from imposing any other assessment on the drain for the same purpose. For purposes of making this one (1) assessment, the total acreage of the parcel must be considered to be located where most of the land in the parcel is situated, either within the boundaries or outside the boundaries.