Sec. 18. (a) Whenever all of the owners affected by a private or
mutual drain request the
board in writing to assume
jurisdiction over the private or mutual drain, the board shall refer the request to the county surveyor, who shall determine whether the private or mutual drain meets the standards of design and construction established under section 29 of this chapter.
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Terms Used In Indiana Code 36-9-27-18
- Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mutual drain: means a drain that:
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
(c) If the county surveyor determines that the private or mutual drain does not meet the standards of design and construction, the county surveyor shall make a written report of that fact to the board, which shall deny the request.
[Pre-Local Government Recodification Citation: 19-4-5-3 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.12; P.L.127-2017, SEC.331.
