2015 Indiana Code TITLE 32. PROPERTY ARTICLE 26. FENCES CHAPTER 6. ENCLOSURE OF LAND SUBJECT TO FLOODING
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IC 32-26-6
Chapter 6. Enclosure of Land Subject to Flooding
IC 32-26-6-1
Petition; inspection; assessment
Sec. 1. (a) The owners of real property in a county who own the
major portion of the property in the county that is:
(1) improved and used for purposes of agriculture;
(2) in an area that is:
(A) definitely described by sections or subdivisions of
sections; or
(B) sufficiently described by metes and bounds; and
(3) situated upon or near, and subject to overflow from:
(A) a stream;
(B) a watercourse;
(C) a lake;
(D) a pond; or
(E) a marsh;
may petition the board of commissioners of the county, asking
permission to enclose the properties within one (1) general fence that
has swinging gates on all public highways crossed by the fence. A
petition under this subsection must set forth the kind of fence and
gates desired.
(b) Upon the receipt of a petition under subsection (a), the board
of county commissioners shall appoint as viewers three (3) reputable
householders of the county who are not related by blood or marriage
to any of the parties interested in the subject of the petition. After
being sworn to faithfully and fairly perform the services required of
them, the viewers shall proceed:
(1) within a reasonable time after the viewers' appointment; and
(2) after giving publication of the viewers' intention by posting
written or printed notices describing the properties in the
townships where the properties are located;
to inspect the properties and make an assessment against the owners
of the properties for the cost of the fence.
(c) The cost of the fence shall be apportioned between the owners
of the properties severally according to the number of acres of
improved land owned by each owner and the benefits accruing to the
owners severally because of the fence.
As added by P.L.2-2002, SEC.11.
IC 32-26-6-2
Reports of viewers; order to erect or construct fence
Sec. 2. (a) After having performed the duties required under
section 1 of this chapter, the viewers shall, as soon as practicable,
submit a report in writing to the board of county commissioners of
the viewers' actions and a tabular statement of the viewers'
assessment. The report submitted under this section is sufficient
Indiana Code 2015
authority for the board of county commissioners to issue an order for
the erection or construction of the fence and gates if there is no
remonstrance against the erection of the fence and gates.
(b) If a remonstrance is made under subsection (a), the board of
county commissioners may order or refuse to order the erection of the
fence or gate, in the board's discretion.
(c) If the order under subsection (a) is not made because of a
mistake or error committed by the viewers, other viewers may be
appointed to perform the same service and submit a report.
As added by P.L.2-2002, SEC.11.
IC 32-26-6-3
Affidavit of unpaid assessments
Sec. 3. (a) A certified copy of the report of the viewers, as
approved by the board of commissioners, shall be filed in the office
of the county auditor.
(b) Thirty (30) days after the fence and gates described in section
1 of this chapter have been constructed, any person interested in the
fence and gates may make an affidavit before the county auditor
showing which property owners have not paid their several
assessments. The county auditor shall enter the sums assessed against
the delinquent persons upon the tax duplicate to be collected by the
treasurer as other taxes are collected. When the assessments have
been collected, the money shall be paid out to the property owners
who have voluntarily paid the cost of the fence, in proportion to the
amount of the property owners' several assessments.
As added by P.L.2-2002, SEC.11.
IC 32-26-6-4
Surveyors; compensation of viewers
Sec. 4. The viewers appointed under this chapter may, if
necessary, employ a surveyor, who shall be paid for the surveyor's
services as may be agreed upon. The board of county commissioners
shall fix the compensation of the viewers for their services. The entire
cost and expenses of the proceedings are a part of the cost of the
erection of the fence and gates and shall be collected in the same
manner.
As added by P.L.2-2002, SEC.11.
IC 32-26-6-5
Stock running at large
Sec. 5. A person who owns property enclosed under this chapter
may not allow stock to run at large upon the enclosed property during
the period beginning March 16 and ending December 25 of any year.
As added by P.L.2-2002, SEC.11.
Indiana Code 2015
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