§ 36-9-27-37 — Vacation of drains; procedure; appeals

Indiana § 36-9-27-37

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 27: Drainage Law

Text

(a) When instituting proceedings to vacate
a regulated drain, the board shall:
(1) serve a notice of intention to vacate on all owners of affected
land;
(2) fix a date for a hearing;
(3) receive all objections filed;
(4) hold the hearing; and
(5) issue an order vacating or reclassifying the drain.
(b) A board acting under this section shall:
(1) comply with the applicable provisions of sections 49 through
52 of this chapter; and
(2) consider section 34(d) of this chapter in determining whether
a drain should be vacated.
(c) An owner aggrieved by the final order of the board may obtain
judicial review of the order under section 106 of this chapter.
(d) When a drain is vacated, the county treasurer shall transfer all
money in that drain's maintenance fund to the general drain
improvement fund.
[Pre-Local Government Recodification Citation:
19-4-1-11.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.206-1984, SEC.4.