§ 36-9-27-28 — Drains maintained by certain associations; assumption of jurisdiction by board; procedure

(a) A written statement alleging that an
association established under Acts 1913, c. 165 for the purpose of
maintaining and repairing a drain is not active and is not properly
maintaining the drain may be filed with the board by:
(1) members of the association who own fifty-one percent (51%)
in area of the land within the jurisdiction of the association; or
(2) fifty-one percent (51%) of the members of the association.
When the statement is filed, the board may notify the association of its
intention to declare the drain to be subject to this chapter.
(b) The notice must fix a date, time, and place for a hearing on the
matter, and shall be:
(1) served personally or by registered mail upon any director or
officer of the association who did not sign the statement filed with
the board; or
(2) published in accordance with IC 5-3-1, if such a director or
officer cannot be found.
(c) On or before the date of the hearing, any member of the
association may file written evidence with the board.
(d) If the board finds that the allegations in the statement are true,
it shall issue an order declaring the drain to be a regulated drain that is
subject to this chapter. The finding and order shall be marked filed and
shall be announced publicly at the hearing. The board shall then
publish a notice setting forth its order in accordance with IC 5-3-1.
Judicial review of the order under section 106 of this chapter may be
requested by any member of the association within twenty (20) days
after publication of the notice. The drain becomes subject to this
chapter when the order becomes final and conclusive.
(e) If the board finds that the allegations in the statement are not
true, it shall dismiss the proceedings.
[Pre-Local Government Recodification Citation: 19-4-5-6
part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts
1981, P.L.45, SEC.74.