(a)Not less than five (5) days before the
board's hearing on a petition for a new regulated drain, any owner of
land affected by the report of the county surveyor or by the schedules
of damages and assessments may file with the board written objections
to the report, schedules, or both. The objections may be for one (1) or
more of the following causes:
(1)The proposed drain, as reported by the county surveyor, is not
practicable and will not adequately drain the affected land. An
objection on this ground must point out the impracticable aspects
of the proposed drain and describe the specific lands that will not
be adequately drained.
(2)The costs, damages, and expenses of the drain will exceed the
benefits that will result to the owners of all land benefited.
(3)The proposed drain will
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(a) Not less than five (5) days before the
board's hearing on a petition for a new regulated drain, any owner of
land affected by the report of the county surveyor or by the schedules
of damages and assessments may file with the board written objections
to the report, schedules, or both. The objections may be for one (1) or
more of the following causes:
(1) The proposed drain, as reported by the county surveyor, is not
practicable and will not adequately drain the affected land. An
objection on this ground must point out the impracticable aspects
of the proposed drain and describe the specific lands that will not
be adequately drained.
(2) The costs, damages, and expenses of the drain will exceed the
benefits that will result to the owners of all land benefited.
(3) The proposed drain will not:
(A) improve the public health;
(B) benefit a public highway in a county or a public street in a
municipality;
(C) drain the grounds of a public school; or
(D) be of public utility.
(4) The objector is the owner of land damaged by the drain, and:
(A) the board failed to find that the objector's land is damaged;
or
(B) the damages assessed to the objector's land are inadequate.
(5) The objector is the owner of lands assessed as benefited, and
the benefits assessed against the objector's lands are excessive.
Each objector may file written evidence in support of the objector's
objections. The failure of an owner to file objections constitutes a
waiver of the owner's right to subsequently object, on the grounds
stated in this subsection, to any final action of the board.
(b) On or before the day of the hearing, the county surveyor shall,
and any owner of affected land may, cause written evidence to be filed
in support of or in rebuttal to any objection filed under subsection (a).
(c) The board shall consider the objections and evidence filed, may
adjourn the hearing from day to day or to a day certain, and may issue
an order permitting additional written evidence to be filed in support
of or in rebuttal to the objections and evidence previously filed.
(d) After considering all of the objections and evidence, the board
may amend the schedules of damages and assessments, and the county
surveyor may modify the county surveyor's report, as justice may
require.
(e) Before final adjournment of the hearing, the board shall
determine in writing:
(1) whether the proposed drain, as reported by the county
surveyor, is practicable and will adequately drain the affected
land;
(2) whether the costs, damages, and expenses of the proposed
drain will be less than the benefits accruing to the owners of land
benefited by the drain; and
(3) whether the proposed drain will improve the public health,
benefit a public highway in a county or a public street in a
municipality, drain the grounds of a public school, or be of public
utility.
If the board finds the issues set forth in subdivision (1), (2), or (3) in
the negative, it shall dismiss the petition. If the board finds the issues
set forth in subdivisions (1), (2), and (3) in the affirmative, it shall
adopt the schedules of damages and assessments, including annual
assessments for periodic maintenance, as originally filed or as
amended, into its findings, and issue an order declaring the proposed
drain established. The board shall mark the findings and order filed and
publicly announce them at the hearing. Immediately after that, the
board shall publish a notice in accordance with IC 5-3-1. The notice
must identify the proceedings and state that the findings and order of
the board have been filed and are available for inspection in the office
of the county surveyor.
(f) If judicial review of the findings and order of the board is not
requested under section 106 of this chapter within twenty (20) days
after the date of publication of the notice, the findings and order
become conclusive.
(g) When the proposed drain is finally and conclusively established,
the board shall allow the attorney for the petitioner the fee computed
under section 61(8) of this chapter.
[Pre-Local Government Recodification Citations: 19-4-2-10
part; 19-4-2-13; 19-4-2-14; 19-4-2-15.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts
1981, P.L.45, SEC.81; P.L.127-2017, SEC.353.