1. (a) The director may remove or eliminate a structure, an obstruction, a deposit, or an excavation in a floodway that:

   1. (1) adversely affects the efficiency of or unduly restricts the capacity of the floodway;
   2. (2) constitutes an unreasonable hazard to the safety of life or property; or

   3. (3) is unreasonably detrimental to fish, wildlife, or botanical resources;

      by an action in condemnation.

2. (b) In assessing the damages in the proceedings, the appraisers and the court shall take into consideration whether the structure, obstruction, deposit, or excavation is legally in or on the floodway.

   [Pre-1995 Recodification Citation: 13-2-22-13(g).]

As added by P.L.1-1995, SEC.21.