§ 36-9-27-41 — Periodic maintenance of drains; combination of drains for assessment purposes; procedure

Indiana § 36-9-27-41

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

Text

(a) If recommended by the county surveyor,
the board may, after notice and hearing to affected owners, combine
regulated drains located in the same watershed for the purpose of
annually assessing the owners benefited for periodic maintenance.
(b) The notice shall be published in accordance with IC 5-3-1.
Notice shall also be given to an attorney of record in the manner
provided in section 110 of this chapter.
(c) In combining drains, the board shall consider:
(1) whether the drains are tiled or open; and
(2) the uniformity of topography and soil types;
so that the drains that are combined represent substantially the same
maintenance problem and can be kept in proper repair at a cost
sufficiently uniform as to constitute no substantial inequity for any
owner included in the combination of drains.
(d) The board may, from time to time, add regulated drains to a
combination of drains established under this section.
[Pre-Local Government Recodification Citation:
19-4-4-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts
1981, P.L.45, SEC.77.