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

(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.
(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.
[Pre-Local Government Recodification Citation: 19-4-5-3
part.]
As added by Acts 1981, P.L.309, SEC.101.