§ 36-9-27-48 — Construction or reconstruction of drains; relocation of public utility equipment; procedure

Indiana § 36-9-27-48

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

Text

(a) Whenever, in the construction or
reconstruction of a regulated drain, the county surveyor determines
that:
(1) the proposed drain will cross a pipeline, cable, or similar
equipment of a public utility; and
(2) the equipment will interfere with the proper operation of the
drain;
the county surveyor shall include in the county surveyor's plans the
relocation requirements of the equipment. The county surveyor shall,
by registered mail or certified mail, send a copy of the requirements to
the public utility owning the equipment.
(b) If requested by the public utility, the county surveyor shall meet
with the public utility at a time and place to be fixed by the county
surveyor and hear objections to the requirements. After the hearing, the
county surveyor may change the requirements as justice may require.
(c) If the board finds that the relocation of a pipeline, cable, or
similar equipment owned by a public utility is necessary in the
construction or reconstruction of a regulated drain, the cost of
relocation shall be paid by the public utility.
[Pre-Local Government Recodification Citation: 19-4-6-3
part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.339; P.L.174-2022, SEC.77.