§ 36-9-27.4-12 — Investigation by county surveyor; duties of drainage board after receiving report of obstruction

Indiana § 36-9-27.4-12

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 27.4: Removal of Obstructions in Mutual Drains and

Text

(a) If a petition filed under this chapter
alleges the obstruction of:
(1) a drain; or
(2) a natural surface watercourse;
the county surveyor of the county in which the obstruction is alleged to
exist shall promptly investigate whether the obstruction exists.
(b) If the county surveyor, upon investigation, finds an existing
obstruction in a drain or natural surface watercourse in the location
alleged in the petition, the county surveyor shall report the existence of
the obstruction to the drainage board.
(c) Upon receiving a report from the county surveyor under
subsection (b), the drainage board shall:
(1) set a date for a hearing on the petition; and
(2) serve notice of the hearing on each owner of the land on which
the obstruction exists who can be identified in the records of the
county recorder.
(d) The hearing must be held at least thirty (30) days but less than
ninety (90) days after the date of the filing of the petition.
(e) Notice of a hearing must be mailed to each respondent with
return receipt requested.

Legislative History

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.18.