§ 14-30-2-23 — Right of entry

(a) The commission, board of directors,
employees, or authorized representatives of the commission acting
under this chapter may:
(1) enter the land lying within the one hundred (100) year flood
plain of any watercourse; and
(2) enter nonflood plain land to gain access to the flood plain
land;
to investigate, examine, survey, or investigate suspected violations of
the Indiana flood control laws.
(b) The commission must give twenty-one (21) days written notice
to:
(1) an affected landowner;
(2) a contract purchaser; or
(3) for a municipality, the executive of the municipality;
before exercising the right of entry granted in this section. The notice
must state the purpose of the entry and that there is a right of appeal
under this section.
(c) An affected landowner may, within the twenty-one (21) day
notice period under subsection (b), appeal to the commission the
proposed necessity for entry. If an appeal is made, the commission shall
hold a hearing on the necessity for right of entry before the right of
entry is exercised.
(d) A person acting under this section must use due care to avoid
damage to crops, fences, buildings, or other structures.
(e) The commission, board of directors, employees, or authorized
representative of the commission acting under this chapter does not
commit criminal trespass under IC 35-43-2-2.
[Pre-1995 Recodification Citation: 36-7-6.1-22.]

Legislative History

As added by P.L.1-1995, SEC.23.