§ 36-9-27-56 — Establishing new regulated drains; negative findings by surveyor; procedure

(a) If the county surveyor's report concerning
any of the three (3) subdivisions of section 55 of this chapter is wholly
in the negative, the board shall have a copy of the county surveyor's
preliminary report served upon the attorney for the petitioner.
(b) Within twenty (20) days after service is made under subsection
(a), the petitioner may file with the board written objections to the
report, along with written evidence in support of the objections.
(c) The board shall consider any objections and written evidence
filed by petitioner, and may then adopt the county surveyor's
preliminary report as filed or amend it as justice may require. However,
if the board finds that the report concerning any of the three (3)
subdivisions of section 55 of this chapter should be wholly in the
negative, it shall dismiss the petition, whether or not the petitioner has
filed objections and evidence.
(d) The board shall serve a copy of its findings and the notice of
dismissal, if any, on the attorney for the petitioner. The petitioner may
file an appeal from the order of the board under section 106 of this
chapter within twenty (20) days after service of the order on the
petitioner's attorney.
[Pre-Local Government Recodification Citation:
19-4-2-5.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.345.