Indiana Code 36-9-27-37. Vacation of drains; procedure; appeals

Sec. 37. (a) When instituting proceedings to vacate a regulated drain, the board shall:

(1) serve a notice of intention to vacate on all owners of affected land;

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Affected land: means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain. See Indiana Code 36-9-27-2
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
Owner: refers to the owner of any interest in land. 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

(2) fix a date for a hearing;

(3) receive all objections filed;

(4) hold the hearing; and

(5) issue an order vacating or reclassifying the drain.

(b) A board acting under this section shall:

(1) comply with the applicable provisions of sections 49 through 52 of this chapter; and

(2) consider section 34(d) of this chapter in determining whether a drain should be vacated.

(c) An owner aggrieved by the final order of the board may obtain judicial review of the order under section 106 of this chapter.

(d) When a drain is vacated, the county treasurer shall transfer all money in that drain’s maintenance fund to the general drain improvement fund.

[Pre-Local Government Recodification Citation: 19-4-1-11.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.4.