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36-9-27-1. Application of Chapter

Sec. 1. This chapter applies to all counties. However, sections 6, 7, 9, 10, 30, 31, and 32 of this chapter do not apply to a county having a consolidated city. [Pre-Local Government Recodification Citation: 19-4-1-3 part.] As added by Acts 1981, P.L.309, SEC.101.

36-9-27-10. Compensation of Members and Employees

Sec. 10. (a) Each member of the board and each person employed by the board under this chapter shall be paid at a rate equal to that provided by law for state employees for each mile necessarily traveled while performing the duties of the member’s or employee’s office. (b) The county fiscal body may provide […]

36-9-27-100. Cumulative Drainage Fund; Tax Levy

Sec. 100. To provide money for a cumulative drainage fund established under section 99 of this chapter, the fiscal body may levy a tax in compliance with IC 6-1.1-41 not to exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation of all taxable personal and real property: (1) within the corporate […]

36-9-27-101. Repealed

[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.] As added by Acts 1981, P.L.309, SEC.101. Repealed by P.L.17-1995, SEC.45.

36-9-27-102. Name of Fund

Sec. 102. The taxes collected under section 100 of this chapter shall be held in a special fund to be known as the “(city, town, or county) cumulative drainage fund”. [Pre-Local Government Recodification Citation: 19-4-10.1-4 part.] As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.17-1995, SEC.41.

36-9-27-104. Interstate Drains; Authorization; Joint Meetings of State Officials

Sec. 104. (a) Whenever: (1) a petition to construct a new drain is filed under sections 54 through 65 of this chapter, a board initiates proceedings to reconstruct a drain under sections 49 through 52 of this chapter, or proceedings are initiated in Illinois, Kentucky, Michigan, or Ohio to construct or reconstruct a drain; and […]

36-9-27-105. Interstate Drains; Cooperation of Surveyors and Engineers

Sec. 105. (a) The county surveyor representing a board from Indiana that is part of an interstate board shall work with the surveyor or engineer representing the officials of the other state in the performance of the duties required of the county surveyor by this chapter. The interstate board may employ an engineer to work […]

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 […]

36-9-27-11. Payment of Expenses

Sec. 11. All expenses of the board shall be paid from money appropriated from the county general fund. Claims for expense reimbursements and per diem must be: (1) accompanied by an itemized written statement; (2) approved by a recorded motion of the board; and (3) allowed as provided by statute. [Pre-Local Government Recodification Citation: 19-4-1-6 […]

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 […]

36-9-27-12. Conflicts of Interest

Sec. 12. (a) This section does not apply to a joint board that includes three (3) or more counties in a drainage basin of more than one hundred thousand (100,000) acres. (b) Whenever it appears, in any proceeding for the construction, reconstruction, or maintenance of a regulated drain, that a member of the board has […]