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 […]
36-9-27.4-1. “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 […]
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) […]
36-9-27.4-5. “Owner” Defined
Sec. 5. As used in this chapter, “owner” means a person who holds a possessory legal interest in land. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
36-9-27.4-6. “Person” Defined
Sec. 6. As used in this chapter, “person” means an individual, a corporation, a limited liability company, a partnership, or any other legal entity. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.