Indiana Code 36-9-27.4-22. Recovery of unpaid amounts or expenses
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Sec. 22. (a) If a person who is required by an order of a drainage board under this chapter to pay an amount or bear an expense does not comply with the requirement, the amount for which the person is responsible may be recovered by:
(2) another person subject to the order who has paid the amount and is entitled to reimbursement.
(1) the drainage board, as custodian of the general drain improvement fund, if the amount was advanced from the general drain improvement fund; or
Terms Used In Indiana Code 36-9-27.4-22
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means an individual, a corporation, a limited liability company, a partnership, or any other legal entity. See Indiana Code 36-9-27.4-6
- Plaintiff: The person who files the complaint in a civil lawsuit.
(b) An amount may be recovered from a person under subsection (a) through an action in a court having jurisdiction in the same manner that a creditor may recover an amount owed under a contract. In an action brought under this subsection, the plaintiff may also be awarded costs and reasonable attorney‘s fees.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.