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; […]
36-9-27.4-20. 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 […]