Amendment of Plans

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Sec. 12. (a) As the result of:

(1) experience gained in the construction or operation of the works of a district; or

(2) changed conditions;

the district plan may be amended in any way as long as the amended district plan conforms to the other requirements of this chapter.

(b) The board shall prepare an amended district plan only if ordered to do so by the court. The court shall order an amended district plan if the court finds there is need for amendment based upon a petition filed by any of the following:

(1) By the board on the board's own motion.

(2) By the commission on the commission's own motion.

(3) By twenty percent (20%) of the freeholders owning land in the district. IC 14-33-2-3 applies to this petition.

(c) The party that filed a petition under subsection (b) may appeal an order denying the petition to the supreme court within thirty (30) days.

(d) The same procedures provided for the initial submission of the district plan must be complied with for the submission of an amended district plan.

[Pre-1995 Recodification Citation: 13-3-3-57.]

As added by P.L.1-1995, SEC.26.


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