Indiana Code 36-9-27.4-14. Findings of board
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Sec. 14. (a) If, after a hearing held under this chapter, the drainage board finds that:
(2) the removal of the obstruction will:
(1) the obstruction of a drain or a natural surface watercourse that is alleged in the petition exists; and
Terms Used In Indiana Code 36-9-27.4-14
- 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
(A) promote better drainage of the petitioner’s land; and
(B) not cause unreasonable damage to the land of the respondents;
the drainage board shall find for the petitioner.
(b) If, after a hearing held under this chapter, the drainage board is unable to make the findings described in subsection (a), the drainage board shall deny the petition.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.