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Ind. Code § 36-9-23-29

Connections to sewer by abutting property; approval required; fees; liens; disposition of fees

Applied in 3 court decisions — leading case Town Council of New Harmony v. Parker (2000)

Most recently applied in City of Jeffersonville v. Hallmark at Jeffersonville, L.P. (November 2010)

As added by Acts 1981, P.L.309, SEC.96.

How often courts cite this section

2000201010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 29. (a) If, as part of the construction of sewage works under this chapter, a municipality constructs a sewer suitable for use as a local or lateral sewer by abutting or adjoining property, it may charge a fee for connections to the sewer. The fee must be based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property.

(b) The board may approve or disapprove applications for connections and may fix the amount of the connection fee.

(c) A person who applies for a connection shall agree to pay the connection fee. If payment is not made as agreed, the fee constitutes a lien on the property for which the connection is made. Such a lien may be enforced in the manner prescribed by section 34 of this chapter.

(d) The municipal legislative body shall determine by ordinance whether the proceeds of connection fees collected under this section and other laws are to be used as:

(1) net revenues of the sewage works;

(2) payment toward the cost of construction of the works; or

(3) payment toward the cost of improving the works in the future.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.