§ IC 36-9-27-18. Private and mutual drains; conversion to regulated drain; procedure upon request by all owners
Sec. 18. (a) Whenever all of the owners affected by a private or mutual drain request the board in writing to assume jurisdiction over the private or mutual drain, the board shall refer the request to the county surveyor, who shall determine whether the private or mutual drain meets the standards of design and construction established under section 29 of this chapter.
(b) If the surveyor determines that the private or mutual drain meets the standards of design and construction, he shall make a written report of that fact to the board, which shall issue an order granting the request. The drain becomes a regulated drain when the request is granted.
Terms Used in Indiana Code 36-9-27-18
Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
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.
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
(c) If the surveyor determines that the private or mutual drain does not meet the standards of design and construction, he shall make a written report of that fact to the board, which shall deny the request.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.12.