§ IC 36-9-27-35. Submission of classifications and order of work priority of drains to board; notice and hearing on classification and reclassification requests
Sec. 35. (a) The county surveyor shall submit to the board a written report setting forth his classification of regulated drains in order of priority for action by the board. This report may be made from time to time during the surveyor’s process of classification.
(b) The board may adopt the classifications and order of work priority as made by the county surveyor, or may modify them.
Terms Used in Indiana Code 36-9-27-35
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
Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
(2) was 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
Tiled drain: means a tiled channel that: (1) carries surplus water; and
(2) was established under or made subject to any drainage statute. See Indiana Code 36-9-27-2
(c) If ten percent (10%) of the owners’ request the board to classify or reclassify a drain affecting their land, the board shall, after giving notice to all affected owners, conduct a hearing on the request and adopt a proper classification. The notice shall be given by publication in accordance with IC 5-3-1. Notice shall be given to an attorney of record in the manner provided in section 110 of this chapter. As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.75.