§ 36-9-27-61 — Establishing new regulated drains; referral of final report to county surveyor; county surveyor's duties

When the board refers a petition to the
county surveyor for a final report under section 60(b) of this chapter,
the county surveyor shall do the following:
(1) Make the necessary survey for the proposed drain.
(2) Prepare plans for structures other than bridges or culverts
crossing a railroad right-of-way or a highway owned by the state.
In preparing the plans, the county surveyor shall include all
appurtenances needed to complete the proposed drain.
(3) Prepare maps showing the location of the land proposed to be
assessed.
(4) Prepare profiles showing the cuts and gradient of the proposed
work.
(5) Determine the best and cheapest method of drainage, which
may be by:
(A) removing obstructions from a natural or artificial
watercourse;
(B) diverting a natural or artificial watercourse from its
channel;
(C) deepening, widening, or changing the channel of a natural
or artificial watercourse;
(D) constructing an artificial channel, with or without arms or
branches;
(E) tiling all or part of an open drain;
(F) converting all or part of a tiled drain to an open drain;
(G) constructing a new drain as a part or the whole of the work;
or
(H) any combination of these methods.
(6) Determine and describe the termini, route, location, and
character of the proposed work, including grades, bench marks,
and all necessary arms. The county surveyor may vary the line of
the work from the line described in the petition, and the county
surveyor may fix the beginning and outlet so as to secure the best
results.
(7) Divide the proposed drain into sections of not more than one
hundred (100) feet in length, and compute and set out the number
of cubic yards of excavation in each section.
(8) Estimate the cost of the proposed drain, including
construction, seeding or sodding of disturbed areas and the banks
of open drains, notices, advertising, and the attorney's fee for the
petitioner's attorney. The amount of the attorney's fee is computed
as follows:
(A) If the estimated cost of constructing the drain is less than
one thousand five hundred dollars ($1,500), the fee is fifteen
percent (15%) of that cost.
(B) If the estimated construction cost is one thousand five
hundred dollars ($1,500) or more, but less than twenty-five
thousand dollars ($25,000), the fee is two hundred twenty-five
dollars ($225) plus five percent (5%) of the amount by which
that cost exceeds one thousand five hundred dollars ($1,500).
(C) If the estimated construction cost is twenty-five thousand
dollars ($25,000) or more, the fee is one thousand four hundred
dollars ($1,400) plus one percent (1%) of the amount by which
that cost exceeds twenty-five thousand dollars ($25,000).
[Pre-Local Government Recodification Citation: 19-4-2-10
part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.349.