§ 36-9-27-64 — Construction of drains depriving property owners of ingress and egress; damage awards

Indiana § 36-9-27-64

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 27: Drainage Law

Text

(a) Whenever:
(1) a new open drain is to be constructed under this chapter; and
(2) the drain will cross a tract of land in such a manner that the
owner of the tract will be deprived of ingress and egress to part of
the tract unless a private crossing is constructed across the drain;
the board shall award damages to the owner in an amount equal to the
cost of constructing a proper crossing. In determining the type and
quality of the crossing, the board shall consider the use of the
inaccessible land, the frequency of the crossing's use, the purpose of
the crossing's use, and any other appropriate factors.
(b) When an owner is entitled to damages under subsection (a), the
owner may, in lieu of accepting damages awarded by the board, file
with the board the owner's written consent to the construction of the
crossing as part of the construction of the drain. The county surveyor
shall then include the construction of the crossing in the county
surveyor's plans and specifications for the drain, but the future
maintenance of the crossing will then be the responsibility of the
owner.
[Pre-Local Government Recodification Citation: 19-4-6-6
part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.352.