§ IC 36-9-27-16. Private and mutual drains exempt from chapter
Sec. 16. (a) Private and mutual drains are not subject to this chapter.
(b) Land drained by a private or mutual drain is subject to assessment for the construction, or reconstruction, or maintenance of a regulated drain if the land is also drained by the regulated drain.
Terms Used in Indiana Code 36-9-27-16
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
Mutual drain: means a drain that:
(1) is located on two (2) or more tracts of land that are under different ownership;
(2) was established by the mutual consent of all the owners; and
(3) was not established under or made subject to any drainage statute. See Indiana Code 36-9-27-2
Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. See Indiana Code 36-9-27-2
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.4.