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Do non profit or governmental tax exempt properties have to pay a drainage bill?
The answer is Yes. Often owners of tax exempt real estate ignore bills which are received as a result of drainage assessments. Drainage assessments must be paid by all landowners, even if the owner is exempt from real property taxes. While the drainage assessments are listed on the same form as tax bills, they are not "taxes" as the term is normally understood. Drainage assessments in the State of Indiana are imposed by the County Drainage Board Pursuant to Indiana Code 36-9-27-86. Those assessments are user charges for the maintenance, and/or reconstruction of regulated drains which directly or indirectly serve a parcel of real estate. Those drains could be either subsurface pipes or open ditches. The assessments were imposed after notice of a public hearing was served on the owners of real estate within the drainage shed served by the regulated drain, as required by statute. The factors used in determining the benefits to each parcel of land are set out in Indiana Code 36-9-27-112. Drainage assessments are substantially similar to any other public utility user fee such as electric bills, water bills, sewage bills, and gas bills. They are user fees to pay the costs of construction and maintenance of ditches and tiles to provide for drainage and/or detention of stormwater. The only difference between drainage fees and other user fees are the means of collection. Under Indiana Code 36-9-27-86, drainage fees are collected semi-annually in the same manner as taxes. Therefore, unpaid drainage assessments become a first lien against the property, superior to all other liens including mortgages. Unpaid assessments accrue a 5% penalty after the due date if there are no other delinquencies and an additional 5% 30 days after the due date. If there are delinquent property taxes on the parcel on the due date, the penalty is 10% immediately following the due date. Drainage assessments can be collected by selling the real estate at the county tax sale. Therefore, all entities that receive bills for drainage assessment must pay those bills. If you have questions concerning a drainage amount on your tax bill, please contact the Kosciusko County Surveyor's Office at 1-574-372-2366.
Why do I receive a drainage assessment?
If your property is located within the topographical watershed area of a county regulated drain that has annual maintenance assessments, you will receive an annual assessment. This can occur even though the actual drainage feature (drain) may not be on your property.
Who do I call if I have a drainage problem?
The Surveyor's office will be glad to receive your call. If the problem is related to a county regulated drain, the Surveyor's office and Drainage Board will be involved in a solution. If the problem is other than a county regulated drain the Surveyor's office will assist you in contacting the proper agency or department.
What is a county regulated drain?
A county regulated drain is a drain under the authority of the County Drainage Board. The statutes that govern this authority are contained in I.C. (Indiana Code) 36-9-27. There are several types of actions or petitions that lead to a drain becoming "County Regulated". Types of drains include natural streams, man made, channels and ditches, clay tile, concrete pipe, steel culvert, polyetherene pipe. Pipe and tile drains are subsurface and are located in all areas of the county including rural areas, towns, subdivisions and near lakes.
How do I know if a drain or stream on my property is county regulated?
There is a county regulated drain information layer on the Counties web site www.kcgov.com. Please be aware that drain locations are still "general" and are being edited for accuracy on a daily basis. It is recommended that you contact the Surveyor's office for the best available information.
What restrictions are associated with County regulated drain easements?
Regulated drain easements are subject to I.C. (Indiana Code) 36-9-27-33 as follows: Right of entry over private land; extension of spoil banks beyond right-of-way Sec. 33. (a) The county surveyor, the board, or an authorized representative of the surveyor or the board acting under this chapter has the right of entry over and upon land lying within seventy-five (75) feet of any regulated drain. The seventy-five (75) foot limit shall be measured at right angles to: (1) the center line of any tiled drain; and (2) the top edge of each bank of an open drain; as determined by the surveyor. (b) Spoil bank spreading resulting from the construction, reconstruction, or maintenance of an open drain may extend beyond the seventy-five (75) foot right-of-way if: (1) the county surveyor finds that the extension is necessary; and (2) the extension has been provided for in the engineer's report on the construction, reconstruction, or maintenance. (c) All persons exercising the right given by this section shall, to the extent possible, use due care to avoid damage to crops, fences, buildings, and other structures outside of the right-of-way, and to crops and approved structures inside the right-of-way. The county surveyor shall give oral or written notice of the entry on the land to the property owner of record, and in the case of a municipality, to the executive of that municipality. The notice must state the purpose for the entry. (d) The owners of land over which the right-of-way runs may use the land in any manner consistent with this chapter and the proper operation of the drain. Permanent structures may not be placed on any right-of-way without the written consent of the board. Temporary structures may be placed upon or over the right-of-way without the written consent of the board, but shall be removed immediately by the owner when so ordered by the board or by the county surveyor. Crops grown on a right-of-way are at the risk of the owner, and, if necessary in the reconstruction or maintenance of the drain, may be damaged without liability on the part of the surveyor, the board, or their representatives. Trees, shrubs, and woody vegetation may not be planted in the right-of-way without the written consent of the board, and trees and shrubs may be removed by the surveyor if necessary to the proper operation or maintenance of the drain. (e) This subsection applies to new regulated drains established after September 1, 1984, and to urban drains. The board may reduce the seventy-five (75) foot requirement of subsections (a) and (b) to any distance of not less than twenty-five (25) feet from the top of each bank of an open ditch and fifteen (15) feet from the center line of any tiled drain as measured at right angles. (f) The surveyor, the board, or an authorized representative of the surveyor or the board acting under this chapter does not commit criminal trespass under IC 35-43-2-2. As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.3; P.L.76-1989, SEC.6.
What is a section corner?
A section corner is a survey corner originally established by Government Surveyors as part of the Public Land Survey System. This was the process of "sectionalizing" land into townships and 1 mile sections. Monuments are placed at these corners, many of which are located in roadways. Monuments range from small nails to railroad spikes and iron pipes. In remote areas corners may be marked by railroad rail posts, concrete posts, or wood posts. Original monuments (1834-1839) were cedar posts, wood posts or stones.
Are there wetlands on my property?
The County Surveyor's office has copies of the U.S. Fish and Wildlife Wetland Inventory Maps. The maps are superimposed on U.S. Quadrangle maps. These are a good starting point for wetland indemnification. The maps are subject to variances. Ultimate wetland indemnification may involve an actual wetland delineation survey in the field. Please also refer to the IDEM and Army Corps of Engineers links for further information. Also you may see a wetland layer over an aerial map at the http://beacon.schneidercorp.com website in the environmental layer.
Where can I get a Kosciusko County Plat Book?
Plat Books are for sale at the Soil and Water Office located at 217 E Bell Dr. Warsaw, IN 46580. It's always a good idea to call to make sure they have books available. You can reach them at 574-267-7445 ext 122.
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