1. (a) The court shall set a date:

   1. (1) not less than thirty (30); or

   2. (2) more than forty (40);

      days after the surveyor's preliminary report has been filed for the surveyor's hearing on the report.

2. (b) The surveyor shall, within five (5) days after the date for the hearing is set, notify by registered mail, return receipt requested, all owners of land abutting upon or within four hundred forty (440) yards of the shoreline or water line of the lake. The return receipts are prima facie evidence of notice. The notice must give a brief description of the following:

   1. (1) The project.
   2. (2) The project's location.
   3. (3) A description of the owners' land that is assessed or damaged, if any.
   4. (4) The amount of assessment or damages, if any.
   5. (5) The date and place of the hearing.

3. (c) If the residence of a landowner cannot be ascertained or if a mailed notice is returned undelivered, the surveyor shall publish notice to all persons in this category by one (1) publication:

   1. (1) in a newspaper of general circulation published and printed in the county in which the lake lies; or

   2. (2) if a paper is not published in the county, in a newspaper in an adjoining county;

      at least ten (10) days before the date fixed for the hearing.

4. (d) The mailed and published notices must notify the owners that all remonstrances and claims for compensation or damages must be filed in writing with the clerk on or before the day of the surveyor's hearing.
5. (e) The clerk shall notify the surveyor of the receipt of remonstrances or claims on or before the day of the surveyor's hearing.

6. (f) The surveyor shall file the following:

   1. (1) Proof of publication of the published notice in the form of a publisher's affidavit.

   2. (2) Proof of the mailed notice by return receipts.

      [Pre-1995 Recodification Citation: 13-2-18-9.]

As added by P.L.1-1995, SEC.19.