(a) The following entities have ten (10) days from the date the surveyor's final report is filed with the court to remonstrate against the final report:
- (1) An owner of land affected by the work as proposed in the petition or in the surveyor's final report.
- (2) The commissioners of a county in which the lake lies.
- (3) The department.
(b) A remonstrance must be in writing, must be filed with the court, and may be for any of the following causes:
- (1) That the report of the surveyor is not according to law.
- (2) That the proposed work as reported by the surveyor will not be sufficient to accomplish the purpose set out in the petition.
- (3) That the amount of the assessment is exorbitant.
- (4) That the amount of the assessment is too much as compared with other land assessed, specifying the other land.
- (5) That the amount of the assessment of others is too low, specifying the others.
- (6) That the amount of the damages is inadequate.
- (7) That the owner's land will be damaged and the owner has not been given damages.
- (8) That the owner's land has been assessed for benefits and the owner's land will not be benefited or will be damaged if the proposed work is accomplished.
- (9) That the assessment against a county or the department is greater than the public benefit to be received.
(10) That the proposed project is not practicable and of public need or utility.
[Pre-1995 Recodification Citation: 13-2-18-11.]
As added by P.L.1-1995, SEC.19.