§ 36-9-27-27 — Dissolution of certain drainage maintenance and repair districts; procedure

(a) A written statement alleging that a
drainage maintenance and repair district established under IC 13-2-21
(before its repeal) or under IC 14-27-8 is not active and is not properly
maintaining the drains under its control may be filed with the board by:
(1) the owners of fifty-one percent (51%) in area of the land
located in the district; or
(2) fifty-one percent (51%) of the owners of land located in the
district.
When the statement is filed, the board may file with the court that
established the district a complaint that sets forth the allegations in the
statement and requests the court to dissolve the district.
(b) The drainage maintenance and repair district shall be named
defendant in the action, and a summons shall be served:
(1) on any commissioner of the district; or
(2) on the district by publication if a commissioner cannot be
found.
The issues shall be considered closed by a general denial, without the
filing on any specific pleadings.
(c) The court shall hear the action without a jury. A change of venue
from the county may not be granted.
(d) If the court finds that the allegations in the complaint are true,
it shall dissolve the district. All the drains formerly under the
jurisdiction of the district become regulated drains subject to this
chapter when the district is dissolved.
[Pre-Local Government Recodification Citation: 19-4-5-6
part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.1-1995, SEC.90.