§ 36-9-27-57 — Establishing new regulated drains; affirmative findings by surveyor; additional lands affected; procedure

(a) If the county surveyor, in the county
surveyor's preliminary report, or the board, after a hearing under
section 56 of this chapter, finds that the report concerning each of the
three (3) subdivisions of section 55 of this chapter should be in the
affirmative, the county surveyor shall determine if any land other than
that described in the petition will be affected by the proposed drain. If
the county surveyor finds that additional land will be affected, the
county surveyor shall make a written report to the board, setting forth
the boundary of the additional area of affected land.
(b) After receiving the county surveyor's report under subsection (a),
the board shall determine if the petition describes an area of land equal
to three-fourths (3/4) or more of all the affected land.
(c) If the board's determination under subsection (b) is in the
negative, the board shall enter an order dismissing the petition, unless
within a time specified by the board a supplementary petition
describing a sufficient area contiguous to the area described in the
original petition, with the signatures required to qualify the
supplementing petition, is filed with the board. The board shall serve
a copy of the report of the county surveyor and order of dismissal upon
the attorney for petitioner. The dismissal does not prohibit the
subsequent filing of a proper petition.
(d) If the county surveyor determines that additional land will be
affected by the proposed drain, and that the petition described a
sufficient area of land, the county surveyor shall prepare a written
report describing the boundary of the additional area and have a copy
of the report served on the attorney for the petitioner. The petitioner,
within thirty (30) days after service of the report upon the petitioner's
attorney, shall file with the county surveyor an amendment to the
petition, including:
(1) the names and addresses of the owners of all land within the
additional area described in the county surveyor's report; and
(2) a legal description of each owner's land.
The names, addresses, and legal descriptions shall be described in the
manner prescribed by section 54(c)(2) of this chapter. If the petitioner
fails to file the amendment to the petition within the thirty (30) day
period, or within any additional time granted to the petitioner by the
county surveyor or the board, the county surveyor shall report that fact
to the board at its next meeting. The board shall then enter an order
dismissing the petition and serve a copy of the order on the attorney for
the petitioner.
(e) If the county surveyor determines that the petition described all
of the land that may be affected by the proposed drain, or if the county
surveyor determines otherwise and a proper amendment to the petition
is filed under subsection (d), the county surveyor shall immediately fix
a date, hour, and place for a hearing before the board on the petition
and shall have written notice of the hearing served on the attorney for
the petitioner. The date of the hearing may not be less than thirty (30)
nor more than forty (40) days after the date of service of notice upon
the petitioner's attorney. The surveyor shall call a special meeting of the
board for the date, time, and place fixed in the notice unless a meeting
of the board is already scheduled for the date, time, and place.
[Pre-Local Government Recodification Citation:
19-4-2-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.346.