36-9-27-106. Judicial Review; Petition
Sec. 106. (a) Any owner of land affected by a final order or determination of a board is entitled to judicial review of that order or determination in the circuit or superior court of the county in which the board is located. The owner must file in the court a petition: (1) setting out the […]
36-9-27-107. Judicial Review; Procedure
Sec. 107. (a) Whenever a petition for judicial review is filed on the ground that: (1) the board found that the petitioner’s land would be benefited by the construction, reconstruction, or maintenance of a drain, and the benefits assessed were excessive; or (2) the petitioner’s lands would be damaged by the construction, reconstruction, or maintenance […]
36-9-27-108. Judicial Review; Stay of Proceedings Ordered by Board
Sec. 108. (a) Whenever: (1) a petition for judicial review of a board’s final order for construction, reconstruction, or maintenance of a drain is filed in the circuit or superior court; and (2) the petition presents an issue or issues that may not be heard de novo by the court; all work under the order […]
36-9-27-109. Judicial Review; Evidence; Filing Requirements
Sec. 109. (a) All petitions, evidence, requests, and other documents required to be filed with the board under this chapter, including all material and documents of every kind prepared by the county surveyor or on the surveyor’s behalf, shall be filed in the office of the surveyor, who shall receive them for the board. The […]
36-9-27-110. Notice and Service; Requirements
Sec. 110. (a) Whenever this chapter provides for the mailing of a notice to owners of affected land, the notice shall be addressed to the owner at the owner’s home address as last entered by the county auditor for property tax purposes. If the owner is a railroad company or utility and is not assessed […]
36-9-27-111. Time for Filing Documents; Extensions
Sec. 111. Whenever the last day for filing any document under this chapter falls on a legal holiday, the time for the filing shall be extended to the next day that is not a legal holiday. [Pre-Local Government Recodification Citation: 19-4-1-12 part.] As added by Acts 1981, P.L.309, SEC.101.
36-9-27-112. Determination of Benefits and Damages by Board; Factors Considered
Sec. 112. (a) In determining benefits to land under sections 39, 50, and 62 of this chapter, the board may consider: (1) the watershed affected by the drain to be constructed, reconstructed, or maintained; (2) the number of acres in each tract; (3) the total volume of water draining into or through the drain to […]
36-9-27-113. Investment of Funds; Consolidation; Credit of Interest Earned
Sec. 113. (a) For the purpose of investment, the county treasurer may consolidate part or all of the money in any fund established under this chapter with the money in any other fund established under this chapter or other money held by the county treasurer. (b) Unless the invested money is from a maintenance fund […]
36-9-27-114. Drainage Board Fees in Certain Counties for Certain Storm Water Activities
Sec. 114. (a) This section applies to a county that: (1) receives notification from the department of environmental management that the county will be subject to regulation under 327 IAC 15-13; and (2) has not adopted an ordinance to adopt the provisions of IC 8-1.5-5. (b) As used in this section, “storm water improvements” means […]
36-9-27-88. Assessments; Due Date; Installment Payments
Sec. 88. All final assessments, other than annual assessments for periodic maintenance, are due and may be paid upon the date of certification of the final assessment to the county auditor, except that: (1) the owners liable for the payment of the assessments may elect to pay them in equal installments of at least fifty […]