Indiana Code 36-9-27-36. Long range plan for reconstruction, maintenance, and vacation of drains; requests for advancement
(1) the reconstruction of regulated drains classified as in need of reconstruction;
Terms Used In Indiana Code 36-9-27-36
- 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.
- 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
- Owner: refers to the owner of any interest in land. 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
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(3) the vacating of regulated drains classified as drains that should be vacated.
The plan must set forth the approximate date each drain will be referred to the surveyor for report, taking into consideration the work load of the surveyor and the estimation by the surveyor of the time it will take to prepare each report.
(b) The long-range plan is subject to approval by the board, may be amended by the board at any time, and shall be reconsidered and brought up to date before June 1 of each year.
(c) The board shall refer each regulated drain to the county surveyor for a report in accordance with the long-range plan. If no long-range plan has been adopted by the board, and if the surveyor has classified only part of the regulated drains, the board may refer the regulated drains that have been classified to the surveyor for a report in the order of priority set forth in the partial classification.
(d) Ten percent (10%) of the owners of land affected by a regulated drain that has been classified as a drain that:
(1) is in need of reconstruction;
(2) is in need of periodic maintenance; or
(3) should be vacated;
may file with the board a written request that the board advance the proposed date when the drain will be referred to the county surveyor for report. Upon receipt of such a request, the board shall set the request for hearing at its next regular meeting and shall promptly mail notice of the time, date, and place of the hearing to the owners making the request. At the meeting any affected owner or the surveyor may present evidence for or against the request. After the hearing, the board may advance the date the drain will be referred to the surveyor if it is practicable to do so.
[Pre-Local Government Recodification Citation: 19-4-1-10 part.]
As added by Acts 1981, P.L.309, SEC.101.