§ 14-30-3-32 — Power to enter land; notice; right to appeal

(a) The commission, the executive board, or
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 in the basin; and
(2) enter land lying outside the one hundred (100) year flood plain
to gain access to land lying within the one hundred (100) year
flood plain in the basin;
if necessary to investigate, examine, or survey the land or investigate
suspected violations of the Indiana flood control laws.
(b) The commission must give twenty-one (21) days written notice
to:
(1) an owner of the affected land;
(2) a contract purchaser of the affected land; or
(3) if the land is municipal property (as described in IC 6-1.1-10-5(a)), the executive of the municipality;
before exercising the right to enter land under this section. The notice
must state the purpose of the entry and that there is a right of appeal
under this section.
(c) A person described in subsection (b)(1) through (b)(3) may,
within the twenty-one (21) day notice period required by subsection
(b), appeal the proposed entry under subsection (a) to the commission
on the grounds that the proposed entry is not necessary. If a person
appeals under this subsection, the commission shall hold a hearing on
the necessity of the entry before the right of entry is exercised.
(d) A person entering land under this section must use due care to
avoid damage to crops or to fences, buildings, and other structures.
(e) Neither the commission, the executive board, nor employees or
authorized representatives of the commission acting under this chapter
commits criminal trespass under IC 35-43-2-2 by entering land
described in subsection (a) for a purpose set forth in subsection (a).

Legislative History

As added by P.L.138-2018, SEC.13.