Sec. 27. (a) A written statement alleging that a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8 is not active and is not properly maintaining the drains under its control may be filed with the board by:

(1) the owners of fifty-one percent (51%) in area of the land located in the district; or

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

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • 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
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Venue: The geographical location in which a case is tried.
(2) fifty-one percent (51%) of the owners of land located in the district.

When the statement is filed, the board may file with the court that established the district a complaint that sets forth the allegations in the statement and requests the court to dissolve the district.

     (b) The drainage maintenance and repair district shall be named defendant in the action, and a summons shall be served:

(1) on any commissioner of the district; or

(2) on the district by publication if a commissioner cannot be found.

The issues shall be considered closed by a general denial, without the filing on any specific pleadings.

     (c) The court shall hear the action without a jury. A change of venue from the county may not be granted.

     (d) If the court finds that the allegations in the complaint are true, it shall dissolve the district. All the drains formerly under the jurisdiction of the district become regulated drains subject to this chapter when the district is dissolved.

[Pre-Local Government Recodification Citation: 19-4-5-6 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.90.

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