§ 36-9-27-21 — Certain municipal drains exempt from chapter; assessment of lands benefited by regulated drains

(a) A drain that is located partly or wholly
within the corporate boundaries of a municipality is subject to this
chapter only if it was constructed by the municipality under this
chapter, IC 19-4 (repealed February 26, 1982), or a statute repealed by
Acts 1965, c.305, s.1003.
(b) If a municipal drain not subject to this chapter flows directly or
indirectly into a regulated drain that is subject to this chapter, the board
shall assess the land benefited by the municipal drain to the extent that
it is benefited by the construction, reconstruction, or maintenance of
the regulated drain.
(c) This subsection applies to any parcel of land that is partly within
the corporate boundaries of a municipality having a drain affected by
subsection (b). Notwithstanding section 38 of this chapter, the drainage
board may make only one (1) assessment for the same purpose on each
individual drain on the parcel. For purposes of making this one (1)
assessment, the total acreage of the parcel must be considered to be
located where most of the land in the parcel is situated, either within
the boundaries or outside the boundaries.
[Pre-Local Government Recodification Citation:
19-4-5-4.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.200-1988, SEC.1; P.L.3-1990, SEC.137.