If:(1) the construction of a dam, other structure, diversion ditch, pumping station, or other appurtenance in connection with the preservation or stabilization of a lake is petitioned for under section 62 of this chapter in connection with a drainage proceeding; and(2) in the county surveyor's opinion, the improvement to the lake will:(A) be beneficial to any person affected by the drainage project; or(B) in any way provide better drainage than if the water level of the lake is left uncontrolled or undisturbed;the county surveyor for the drainage project may assess a part of the cost of the improvement that would normally be paid by those persons who own land abutting or within four hundred forty (440) yards of the shoreline or water line of the lake to any person affected by the drainage project.[Pre-1995 Recodification Citation: 13-2-18-23(d).]As added by P.L.1-1995, SEC.19. Amended by P.L.57-2013, SEC.17.
Indiana Legal Code