36-9-27.4-1. “Drain” Defined
Sec. 1. As used in this chapter, “drain” refers to a mutual drain (as defined in IC 36-9-27-2). As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
36-9-27.4-10. Required Contents of Petition
Sec. 10. A petition filed by a person described in section 9(1) of this chapter must include the following: (1) A general description of the tract of land owned by the petitioner. (2) A general explanation of the need for the removal of the obstruction. (3) A general description of the site of the obstruction. […]
36-9-27.4-11. Filing Fee
Sec. 11. The drainage board may require, as a condition of filing a petition under this chapter, the payment of a filing fee. The drainage board may not set the filing fee at an amount greater than is reasonably necessary to defray the expenses incurred by the board in processing a petition. As added by […]
36-9-27.4-12. Investigation by County Surveyor; Duties of Drainage Board After Receiving Report of Obstruction
Sec. 12. (a) If a petition filed under this chapter alleges the obstruction of: (1) a drain; or (2) a natural surface watercourse; the county surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists. (b) If the county surveyor, upon investigation, finds an existing obstruction […]
36-9-27.4-13. Postponement and Rescheduling of Hearing
Sec. 13. Before or on the date of a hearing held under this chapter, the drainage board may postpone and reschedule the hearing if: (1) it appears that a respondent has not been served with notice; or (2) the interests of fairness otherwise compel a postponement. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
36-9-27.4-14. Findings of Board
Sec. 14. (a) If, after a hearing held under this chapter, the drainage board finds that: (1) the obstruction of a drain or a natural surface watercourse that is alleged in the petition exists; and (2) the removal of the obstruction will: (A) promote better drainage of the petitioner’s land; and (B) not cause unreasonable […]
36-9-27.4-15. Drainage Board Determining Whether Obstruction Created Intentionally
Sec. 15. If the drainage board finds for the petitioner under section 14(a) of this chapter, the board shall determine, based upon a preponderance of the evidence, whether the obstruction of the drain or natural surface watercourse was created intentionally by any of the respondents. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
36-9-27.4-16. Duty of Board Upon Finding of Intentional Obstruction
Sec. 16. (a) If the drainage board finds: (1) for the petitioner under section 14(a) of this chapter; and (2) under section 15 of this chapter that the obstruction of the drain or natural surface watercourse was created intentionally by at least one (1) of the respondents; the drainage board shall enter an order directing […]
36-9-27.4-17. Duty of Board Upon Finding of Unintentional Obstruction
Sec. 17. If the drainage board: (1) finds for the petitioner under section 14(a) of this chapter; and (2) does not find under section 15 of this chapter that the obstruction of the drain or a natural surface watercourse was created intentionally by any of the respondents; the drainage board shall enter an order under […]
36-9-27.4-18. Additional Duties of Board; Natural Surface Watercourses
Sec. 18. (a) If: (1) a petition filed under this chapter concerns a natural surface watercourse; and (2) the drainage board: (A) finds for the petitioner under section 14(a) of this chapter; and (B) does not find under section 15 of this chapter that the obstruction of the natural surface watercourse was created intentionally by […]
36-9-27.4-19. Additional Duties of Board; Drains
Sec. 19. (a) If: (1) a petition filed under this chapter concerns a drain; and (2) the drainage board: (A) finds for the petitioner under section 14(a) of this chapter; but (B) does not find under section 15 of this chapter that the obstruction of the drain was created intentionally by any of the respondents; […]
36-9-27.4-2. “Drainage Board” Defined
Sec. 2. As used in this chapter, “drainage board” means the following: (1) Except as provided in subdivision (2): (A) the county board of commissioners, as provided in IC 36-9-27-5(a)(1); or (B) the drainage board appointed by the board of commissioners under IC 36-9-27-5(a)(2). (2) In a county having a consolidated city, the board of […]
36-9-27.4-20. Landowners Jointly and Severally Responsible for Costs of Obstruction Removal
Sec. 20. (a) All the owners of a tract that is the subject of an order issued under section 19 of this chapter are jointly and severally responsible for the payment of the amount determined under section 19(c)(4) of this chapter. (b) An owner of a tract who pays all of or a portion of […]
36-9-27.4-21. Order Authorizing Advance on General Drain Improvement Fund for Payment of Obstruction Removal Expenses
Sec. 21. In entering an order concerning the removal of an obstruction under this chapter, a drainage board may: (1) provide for the costs of the removal work to be paid directly by one (1) or more of the persons subject to the order; or (2) authorize an advance on the general drain improvement fund […]
36-9-27.4-22. Recovery of Unpaid Amounts or Expenses
Sec. 22. (a) If a person who is required by an order of a drainage board under this chapter to pay an amount or bear an expense does not comply with the requirement, the amount for which the person is responsible may be recovered by: (1) the drainage board, as custodian of the general drain […]
36-9-27.4-23. Judicial Review
Sec. 23. (a) If the drainage board finds for a petitioner after a hearing held under this chapter, a respondent may file an action in the circuit or superior court of the county in which the alleged obstruction exists seeking to have the order entered by the drainage board vacated. (b) An action filed under […]
36-9-27.4-24. Remedies
Sec. 24. (a) In an action filed under section 23 of this chapter, the court: (1) shall enter an order vacating the order of the drainage board directing the county surveyor to remove the obstruction; and (2) may issue an injunction against the removal of the obstruction; if the court makes a finding under subsection […]
36-9-27.4-25. Right of Entry Onto Land
Sec. 25. (a) For the purposes of this chapter: (1) a county surveyor; (2) a member of a drainage board; or (3) an authorized representative of a county surveyor or drainage board; has a right of entry over and upon a tract of land containing a drain or natural surface watercourse that is the subject […]
36-9-27.4-3. “Natural Surface Watercourse” Defined
Sec. 3. As used in this chapter, “natural surface watercourse” means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarily flows in a definable direction and channel. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.17.
36-9-27.4-4. “Obstruction” Defined
Sec. 4. (a) As used in this chapter, “obstruction” means a condition that: (1) exists within or near a drain; and (2) prevents or significantly impedes the flow of water through the drain. (b) The term includes the following: (1) The presence of: (A) one (1) or more objects inside or near a drain; (B) […]