Sec. 28. (a) A written statement alleging that an association established under Acts 1913, c. 165 for the purpose of maintaining and repairing a drain is not active and is not properly maintaining the drain may be filed with the board by:

(1) members of the association who own fifty-one percent (51%) in area of the land within the jurisdiction of the association; or

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Terms Used In Indiana Code 36-9-27-28

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
(2) fifty-one percent (51%) of the members of the association.

When the statement is filed, the board may notify the association of its intention to declare the drain to be subject to this chapter.

     (b) The notice must fix a date, time, and place for a hearing on the matter, and shall be:

(1) served personally or by registered mail upon any director or officer of the association who did not sign the statement filed with the board; or

(2) published in accordance with IC 5-3-1, if such a director or officer cannot be found.

     (c) On or before the date of the hearing, any member of the association may file written evidence with the board.

     (d) If the board finds that the allegations in the statement are true, it shall issue an order declaring the drain to be a regulated drain that is subject to this chapter. The finding and order shall be marked filed and shall be announced publicly at the hearing. The board shall then publish a notice setting forth its order in accordance with IC 5-3-1. Judicial review of the order under section 106 of this chapter may be requested by any member of the association within twenty (20) days after publication of the notice. The drain becomes subject to this chapter when the order becomes final and conclusive.

     (e) If the board finds that the allegations in the statement are not true, it shall dismiss the proceedings.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.74.

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