§ 36-9-27-105 — Interstate drains; cooperation of surveyors and engineers

(a) The county surveyor representing a
board from Indiana that is part of an interstate board shall work with
the surveyor or engineer representing the officials of the other state in
the performance of the duties required of the county surveyor by this
chapter. The interstate board may employ an engineer to work with and
assist the surveyor or surveyors, but an engineer may not be
permanently employed unless the interstate board has determined that
the proposed construction or reconstruction is necessary for the public
health, welfare, or convenience, and that the cost of the construction or
reconstruction will probably be less than the benefits to the affected
land.
(b) The surveyors and engineer, if one is employed, shall:
(1) prepare all surveys, plans, specifications, and other things
required by this chapter for construction or reconstruction solely
within Indiana;
(2) estimate the total cost of the construction or reconstruction for
the part of the drain located in each state, together with an
estimate of the total cost of location; and
(3) in their report, make a fair and just apportionment between the
two (2) states of the cost of location and construction or
reconstruction.
The report shall be filed with the interstate board and, when that board
adopts the report by proper resolution, a certified copy of the report
shall be filed with the board in Indiana.
(c) Upon receiving the report, the board in Indiana shall assess the
benefits and damages to each tract of land affected in Indiana, in
accordance with this chapter as applied to a drain located solely within
Indiana.
(d) All provisions of this chapter, including the giving of notices,
the right to object and remonstrate, and the right to judicial review,
apply to the board, the surveyor, and all affected persons.
(e) When the construction or reconstruction is finally and
conclusively established in both states, and when money is available in
both states to pay for the proposed work, the interstate board shall meet
and let the work contracts. Payment from funds in Indiana shall be
made by voucher approved by the interstate board, countersigned by
the chair of the board in Indiana, and filed with the county auditor. The
payments shall be limited to the amount apportioned to Indiana under
subsection (b).
[Pre-Local Government Recodification Citations: 19-4-9-4;
19-4-9-5; 19-4-9-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.364.