Indiana Code 36-9-27.4-12. Investigation by county surveyor; duties of drainage board after receiving report of obstruction
(1) a drain; or
Terms Used In Indiana Code 36-9-27.4-12
- drain: refers to a mutual drain (as defined in IC 36-9-27-2). See Indiana Code 36-9-27.4-1
- drainage board: means the following:
Indiana Code 36-9-27.4-2
- natural surface watercourse: means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarily flows in a definable direction and channel. See Indiana Code 36-9-27.4-3
- obstruction: means a condition that:
Indiana Code 36-9-27.4-4
- owner: means a person who holds a possessory legal interest in land. See Indiana Code 36-9-27.4-5
- respondent: means an owner of the tract of land that is the subject of a petition seeking the removal of an obstruction under this chapter. See Indiana Code 36-9-27.4-7
the county surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists.
(b) If the county surveyor, upon investigation, finds an existing obstruction in a drain or natural surface watercourse in the location alleged in the petition, the county surveyor shall report the existence of the obstruction to the drainage board.
(c) Upon receiving a report from the county surveyor under subsection (b), the drainage board shall:
(1) set a date for a hearing on the petition; and
(2) serve notice of the hearing on each owner of the land on which the obstruction exists who can be identified in the records of the county recorder.
(d) The hearing must be held at least thirty (30) days but less than ninety (90) days after the date of the filing of the petition.
(e) Notice of a hearing must be mailed to each respondent with return receipt requested.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.18.