§ 36-9-27.4-18 — Additional duties of board; natural surface watercourses

Indiana § 36-9-27.4-18

• 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:
(1) a petition filed under this chapter concerns a natural surface
watercourse; and
(2) the drainage board:
(A) finds for the petitioner under section 14(a) of this chapter;
and
(B) does not find under section 15 of this chapter that the
obstruction of the natural surface watercourse was created
intentionally by any of the respondents;
the drainage board shall enter an order under subsection (b).
(b) Upon a determination made under subsection (a), the drainage
board shall enter an order:
(1) authorizing the petitioner to remove the obstruction; or
(2) directing the county surveyor to remove the obstruction at the
expense of the petitioner.
(c) The drainage board shall consult with the:
(1) petitioner;
(2) respondents; and
(3) county surveyor;
before deciding whether to enter an order under subsection (b)(1) or
(b)(2).
(d) If the drainage board enters an order under subsection (b), the
order may require the petitioner to bear the expenses of removing the
obstruction, including the monetary value of the harm and
inconvenience that the respondents will incur as a result of the removal
of the obstruction.

Legislative History

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.