§ 36-9-27-63 — Establishing new regulated drains; notice and hearing on surveyor's report and schedules of assessments and damages

(a) When the schedules of assessments and
damages prepared under section 62 of this chapter are completed and
marked filed, the board shall fix the date, time, and place for a hearing
on the county surveyor's report and on the schedules of assessments
and damages. The board shall serve notice of the hearing, along with
a copy of the schedules, upon the attorney for the petitioner. The date
fixed by the board for the hearing may not be less than thirty (30) nor
more than forty (40) days after service of notice upon the petitioner's
attorney.
(b) Within five (5) days after service upon the attorney for the
petitioner of the notice of hearing, the attorney for the petitioner shall
mail a notice in a five (5) day return envelope addressed to each owner
named in the schedule of benefits and damages. The notice must state:
(1) the name and identifying number by which the proposed drain
is known;
(2) that the report of the county surveyor and the schedules of
damages and benefits as determined by the board have been filed
and are available for inspection in the office of the county
surveyor;
(3) that the land of the owner is shown by the schedule of
damages to be damaged in the sum of ____________ dollars;
(4) that the land of the owner is shown by the schedule of
assessments to be assessed ____________ percent of the total
cost of the drain, and that ____________ percent of the estimated
total cost of the drain is in the sum of ____________ dollars;
(5) that the land of the owner is shown by the schedule of
assessments to be annually assessed in the sum of ____________
dollars for the estimated periodic maintenance of the drain; and
(6) the date, hour, and place of hearing on the county surveyor's
report and on the schedules of damages and assessments.
(c) The attorney for the petitioner shall publish a notice in
accordance with IC 5-3-1. The notice:
(1) shall be entitled "In the matter of the ____________ drain
petition";
(2) shall be addressed to whom it may concern and to the
addressee on each letter that was mailed under subsection (b) and
was returned undelivered; and
(3) must state that:
(A) the report of the county surveyor and the schedules of
damages and assessments made by the board have been filed
and are available for public inspection in the office of the
county surveyor; and
(B) a hearing will be held before the board on the report and
schedules, specifying the time and place of the hearing.
(d) When the plans and specifications of the county surveyor
disclose that part or all of the proposed drain will involve the
construction of an open drain, the attorney for the petitioner shall mail
a notice to the Indiana department of natural resources. The notice must
give the time, date, and place of the hearing and state that the proposed
drain will involve the construction of an open drain.
[Pre-Local Government Recodification Citation:
19-4-2-12.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts
1981, P.L.45, SEC.80; P.L.127-2017, SEC.351.