Sec. 41. (a) If recommended by the county surveyor, the board may, after notice and hearing to affected owners, combine regulated drains located in the same watershed for the purpose of annually assessing the owners benefited for periodic maintenance.

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Terms Used In Indiana Code 36-9-27-41

  • 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
  • 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
  • Watershed: means an area of land from which all runoff water drains to a given point or that is affected by a small lake. See Indiana Code 36-9-27-2
     (b) The notice shall be published in accordance with IC 5-3-1. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.

     (c) In combining drains, the board shall consider:

(1) whether the drains are tiled or open; and

(2) the uniformity of topography and soil types;

so that the drains that are combined represent substantially the same maintenance problem and can be kept in proper repair at a cost sufficiently uniform as to constitute no substantial inequity for any owner included in the combination of drains.

     (d) The board may, from time to time, add regulated drains to a combination of drains established under this section.

[Pre-Local Government Recodification Citation: 19-4-4-6.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.77.

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