§ 36-9-27.4-1 “Drain” defined
§ 36-9-27.4-2 “Drainage board” defined
§ 36-9-27.4-3 “Natural surface watercourse” defined
§ 36-9-27.4-4 “Obstruction” defined
§ 36-9-27.4-5 “Owner” defined
§ 36-9-27.4-6 “Person” defined
§ 36-9-27.4-7 “Respondent” defined
§ 36-9-27.4-8 “Tract” defined
§ 36-9-27.4-9 Petition for removal of obstruction
§ 36-9-27.4-10 Required contents of petition
§ 36-9-27.4-11 Filing fee
§ 36-9-27.4-12 Investigation by county surveyor; duties of drainage board after receiving report of obstruction
§ 36-9-27.4-13 Postponement and rescheduling of hearing
§ 36-9-27.4-14 Findings of board
§ 36-9-27.4-15 Drainage board determining whether obstruction created intentionally
§ 36-9-27.4-16 Duty of board upon finding of intentional obstruction
§ 36-9-27.4-17 Duty of board upon finding of unintentional obstruction
§ 36-9-27.4-18 Additional duties of board; natural surface watercourses
§ 36-9-27.4-19 Additional duties of board; drains
§ 36-9-27.4-20 Landowners jointly and severally responsible for costs of obstruction removal
§ 36-9-27.4-21 Order authorizing advance on general drain improvement fund for payment of obstruction removal expenses
§ 36-9-27.4-22 Recovery of unpaid amounts or expenses
§ 36-9-27.4-23 Judicial review
§ 36-9-27.4-24 Remedies
§ 36-9-27.4-25 Right of entry onto land
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code > Title 36 > Article 9 > Chapter 27.4 - Removal of Obstructions in Mutual Drains and Natural Surface Watercourses

  • 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.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • 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

  • owner: means a person who holds a possessory legal interest in land. See Indiana Code 36-9-27.4-5
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • respondent: means an owner of the tract of land that is the subject of a petition seeking the removal of an obstruction under this chapter. See Indiana Code 36-9-27.4-7
  • tract: means an area of land that is:

    Indiana Code 36-9-27.4-8