§ 36-9-27-54 — Establishing new regulated drains; petitions

(a) When one (1) or more persons want to
establish a new regulated drain, and that drain cannot be established in
the best and cheapest manner without affecting land owned by other
persons, the person or persons seeking to establish the drain must file
a petition with the board. If the proposed drain will affect land in two
(2) or more counties, the petition shall be filed in each of the affected
counties. The petition shall be entitled "In the Matter of the
__________ Drain Petition".
(b) The petition may be filed by:
(1) the owners of:
(A) ten percent (10%) or more in acreage; or
(B) twenty-five percent (25%) or more of the assessed
valuation;
of the land that is outside the corporate boundaries of a
municipality and is alleged by the petition to be affected by the
proposed drain;
(2) a county executive that wants to provide for the drainage of a
public highway;
(3) a township executive or the governing body of a school
corporation that wants to drain the grounds of a public school; or
(4) a municipal legislative body that wants to provide for the
drainage of the land of the municipality.
(c) The petition must include the following items:
(1) A statement showing that each petitioner is qualified to file
the petition.
(2) The legal description of each tract of land that a petitioner
believes will be affected by the proposed drain, and the name and
address of each owner, as shown by the tax duplicate or record of
transfers of the county. 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. The petition must
describe an area of land equal to three-fourths (3/4) or more in
area of all the affected land.
(3) The general route of the proposed drain.
(4) A statement that in the opinion of the petitioner the costs,
damages, and expenses of the proposed drain will be less than the
benefits accruing to the owners of land likely to be benefited by
the drain.
(5) A statement that in the opinion of the petitioner the proposed
drain will:
(A) improve the public health;
(B) benefit a public highway in a county or a public street in a
municipality;
(C) drain the grounds of a public school; or
(D) be of public utility.
(6) The name of the attorney representing the petitioner in the
drainage petition.
(7) A statement that the petitioner shall pay the cost of notice and
all legal costs, if the petition is dismissed.
The petitioner shall post a bond sufficient to pay the cost of notice and
all legal costs if the petition is dismissed.
(d) The petition must be signed by each petitioner and filed in
duplicate with the county surveyor, who shall receive it on behalf of the
board. The county surveyor shall examine the petition and if it is in
proper form the county surveyor shall mark it filed, showing the date
of filing, and give it a distinguishing name by insertion in its caption.
If the petition is not in proper form, the surveyor shall return it to the
attorney for the petitioner, pointing out in what respects the petition
fails to comply with this chapter. The attorney may then amend the
petition and refile it with the county surveyor.
[Pre-Local Government Recodification Citations: 19-4-2-1;
19-4-2-2; 19-4-2-3.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.343.