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.

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Terms Used In Indiana Code 36-9-27-12

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
  • Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. See Indiana Code 36-9-27-2
  • Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
     (b) Whenever it appears, in any proceeding for the construction, reconstruction, or maintenance of a regulated drain, that a member of the board has an interest in the proceedings because of the member’s ownership of real property affected by the drain, that member shall immediately disqualify himself or herself from serving on the board in those proceedings. However, the fact that county highways will be affected by any proceedings does not disqualify a regular member of the board.

[Pre-Local Government Recodification Citation: 19-4-1-16.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.350-1985, SEC.1; P.L.127-2017, SEC.327.

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