Indiana § 36-9-27-66 Construction of connecting drain through lands owned by others;
procedure

Indiana Statutes

§ 36-9-27-66 — Construction of connecting drain through lands owned by others; procedure

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

(a)Whenever:

(1)land has been assessed as benefited by the construction, reconstruction, or maintenance of a regulated drain;

(2)there is no open or tiled drain connecting the land with the regulated drain; and

(3)the waters from the land flow over or through land owned by others to reach the regulated drain; the owner of the land assessed may petition the board to construct through the land of the other owners a new drain that will connect the petitioner's lands with the regulated drain. The petition must describe the land through which the new regulated drain will run, state the name and address of each owner of that land, describe the general route of the proposed new regulated drain, and state the proposed method of construction.

(b)The board shall refer the petition to the county

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(a) Whenever:
(1) land has been assessed as benefited by the construction,
reconstruction, or maintenance of a regulated drain;
(2) there is no open or tiled drain connecting the land with the
regulated drain; and
(3) the waters from the land flow over or through land owned by
others to reach the regulated drain;
the owner of the land assessed may petition the board to construct
through the land of the other owners a new drain that will connect the
petitioner's lands with the regulated drain. The petition must describe
the land through which the new regulated drain will run, state the name
and address of each owner of that land, describe the general route of
the proposed new regulated drain, and state the proposed method of
construction.
(b) The board shall refer the petition to the county surveyor for a
report.
(c) If the county surveyor determines that the proposed drain is not
practicable, the county surveyor shall report that fact to the board and
the board shall deny the petition.
(d) If the county surveyor determines that the proposed drain is
practicable, the county surveyor shall, in the manner prescribed by
sections 49 through 52 of this chapter, prepare plans and specifications
and all things necessary for the construction of the drain. The board
shall, in the manner prescribed by sections 49 through 52 of this
chapter, prepare a schedule of benefits and damages, serve the schedule
upon the owners of land benefited or damaged, and hold a hearing on
the schedule. Objections to the proceedings may be filed only on the
grounds that:
(1) the objector is the owner of land damaged by the proposed
drain and the board failed to so find or, if it did so, find, the
damages awarded were insufficient; and
(2) the objector is the owner of land found by the board to be
benefited, and the benefits assessed are excessive.
After the hearing, the board shall enter its order and findings in the
manner prescribed by section 52 of this chapter.
(e) Any owner aggrieved by the final award of damages under
subsection (d) may obtain judicial review under section 106 of this
chapter. When the order of the board becomes conclusive, the board
shall proceed to construct the drain in the manner prescribed by this
chapter.
[Pre-Local Government Recodification Citation:
19-4-6-10.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.354.

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