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Terms Used In Indiana Code 36-9-27.4-15

  • 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

  • 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.
  • 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

   Sec. 15. If the drainage board finds for the petitioner under section 14(a) of this chapter, the board shall determine, based upon a preponderance of the evidence, whether the obstruction of the drain or natural surface watercourse was created intentionally by any of the respondents.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.