§ 36-9-27-49 — Reconstruction of drains; county surveyor's report

(a) When the board refers a regulated drain
to the county surveyor for a reconstruction report, the county surveyor
shall determine and set forth in the county surveyor's report the best
and cheapest method of reconstructing the drain so that it will
adequately drain all affected land.
(b) The county surveyor shall make the necessary surveys, maps,
profiles, plans, and specifications, and the county surveyor may include
in them:
(1) all of the repairs or changes specifically set forth in section
34(b) of this chapter; and
(2) any other repairs or changes that good engineering practice
requires, including arms where none existed before.
(c) The county surveyor shall estimate the costs of the proposed
reconstruction, including costs of notices and advertising, and the
county surveyor shall also estimate the annual cost of periodically
maintaining the proposed reconstruction.
(d) The county surveyor shall include in the county surveyor's report
the name and address of each owner of land that will be affected by the
proposed reconstruction, and the legal description of the land of each
owner as shown by the tax duplicate or record of transfers of the county
in which the land is located. However, a public way owned by a county
or by the state shall be described by its name or number, and the
right-of-way of a railroad may be described as the right-of-way of the
owner through section, township, and range. If the name of an owner
is not known, and cannot be discovered through diligent inquiry, the
report may describe the land as belonging to the person who appears to
be the owner according to the last tax duplicate or record of transfers
of the county where the land is located.
[Pre-Local Government Recodification Citation:
19-4-3-1.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.340.