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 […]
36-9-27.4-8. “Tract” Defined
Sec. 8. As used in this chapter, “tract” means an area of land that is: (1) under common fee simple ownership; (2) contained within a continuous border; and (3) a separately identified parcel for property tax purposes. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
36-9-27.4-9. Petition for Removal of Obstruction
Sec. 9. If: (1) a person who owns a tract of land seeks the removal of an obstruction from a drain or natural surface watercourse located outside the person’s tract in order to promote better drainage of the person’s tract; and (2) the owner of the land on which the obstruction is located, upon request, […]
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 […]
36-9-27.4-1. “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.
36-9-27.4-2. “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 […]