Indiana Code 36-9-27-55. Establishing new regulated drains; inspection and preliminary report by county surveyor
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Sec. 55. When the county surveyor has accepted a petition and marked it filed under section 54 of this chapter, the county surveyor shall make a personal inspection of the land described in the petition and file with the board a written preliminary report stating:
(2) whether the proposed drain will improve the public health, benefit a public highway in a county or a public street in a municipality, drain the grounds of a public school, or be of public utility; and
(1) whether the proposed drain is practicable;
Terms Used In Indiana Code 36-9-27-55
- Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
(3) whether the costs, damages, and expenses of the proposed drain will probably be less than the benefits accruing to the owners of land likely to be benefited.
In determining whether the proposed drain is practicable, the county surveyor may consider changing the route of the proposed drain from that set forth in the petition to conform with sound engineering principles.
[Pre-Local Government Recodification Citation: 19-4-2-4.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.344.