Indiana Code 36-9-27-19

§ IC 36-9-27-19. Mutual drains; conversion to regulated drain; procedure upon request by single owner

Sec. 19. (a) Any owner affected by a mutual drain may file a written request with the board to make the mutual drain a regulated drain under this chapter. Upon receipt of such a request, the board shall fix the date, time, and place for a hearing, which may not be less than thirty (30) days after receipt of the request.

(b) At least twenty (20) days before the date of the hearing, the owner making the request shall give the owners of all land affected by the request notice of the date, time, place, and purpose of the hearing. Service of the notice shall be made in the manner set forth in section 58 of this chapter or in the manner summonses are served in civil actions.

Terms Used in Indiana Code 36-9-27-19

Affected land: means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain. See Indiana Code 36-9-27-2

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.

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.

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

Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2

(c) Any owner affected by the mutual drain may, on or before the date of the hearing, file with the board written evidence for or against the granting of the request. At the hearing the board shall consider all of the evidence filed, and if it finds that:

(1) the owners of more than fifty percent (50%) in acreage of the affected land will be benefited if the drain is made a regulated drain under this chapter; and

(2) the benefit to owners benefited is likely to be greater than the damages to owners damaged by reason of the mutual drain being made a regulated drain; it shall make written findings to that effect and issue an order granting the request.

(d) Before adjourning the hearing, the board shall announce its findings and order. This announcement constitutes notice to all affected persons, and, if judicial review is not requested under section 106 of this chapter within twenty (20) days after the date of notice, the findings and order are conclusive.

As added by Acts 1981, P.L.309, SEC.101.