Indiana Code 36-9-27-64. Construction of drains depriving property owners of ingress and egress; damage awards
(1) a new open drain is to be constructed under this chapter; and
Terms Used In Indiana Code 36-9-27-64
- Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
- Crossing: means a drainage structure that passes over, under, or through a location used for the passage of people, livestock, or vehicles. 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.
- 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
- Open drain: means a natural or artificial open channel that:
Indiana Code 36-9-27-2
- Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
the board shall award damages to the owner in an amount equal to the cost of constructing a proper crossing. In determining the type and quality of the crossing, the board shall consider the use of the inaccessible land, the frequency of the crossing’s use, the purpose of the crossing’s use, and any other appropriate factors.
(b) When an owner is entitled to damages under subsection (a), the owner may, in lieu of accepting damages awarded by the board, file with the board the owner’s written consent to the construction of the crossing as part of the construction of the drain. The county surveyor shall then include the construction of the crossing in the county surveyor’s plans and specifications for the drain, but the future maintenance of the crossing will then be the responsibility of the owner.
[Pre-Local Government Recodification Citation: 19-4-6-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.352.