Indiana § 36-9-27.4-19 Additional duties of board; drains

Indiana Statutes

§ 36-9-27.4-19 — Additional duties of board; drains

Indiana § 36-9-27.4-19

Title 36LOCAL GOVERNMENT

Art. 9TRANSPORTATION AND PUBLIC WORKS

Ch. 27.4Removal of Obstructions in Mutual Drains and

This text of Indiana § 36-9-27.4-19 (Additional duties of board; drains) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-9-27.4-19 (2026).

Text

(a)If:

(1)a petition filed under this chapter concerns a drain; and

(2)the drainage board:

(A)finds for the petitioner under section 14(a) of this chapter; but

(B)does not find under section 15 of this chapter that the obstruction of the drain 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;

(2)authorizing the respondents to remove the obstruction;

(3)directing the county surveyor to remove the obstruction; or

(4)directing that the obstruction be removed through the joint efforts of at least two (2) of the persons referred to in this subsection.

(c)If an order is issu

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(a) If:
(1) a petition filed under this chapter concerns a drain; and
(2) the drainage board:
(A) finds for the petitioner under section 14(a) of this chapter;
but
(B) does not find under section 15 of this chapter that the
obstruction of the drain 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;
(2) authorizing the respondents to remove the obstruction;
(3) directing the county surveyor to remove the obstruction; or
(4) directing that the obstruction be removed through the joint
efforts of at least two (2) of the persons referred to in this
subsection.
(c) If an order is issued under subsection (b), the costs of removing
the obstruction must be borne by the owners of all the tracts of land
that are benefited by the drain. The order of the board must do the
following:
(1) Identify all tracts of land that are benefited by the drain.
(2) Identify the owners of the tracts of land referred to in
subdivision (1):
(A) who are known to the drainage board; or
(B) whose identity can be determined through the records of the
county auditor.
(3) Apportion the costs of removing the obstruction among the
tracts of land that are benefited by the drain, assigning to each
tract a certain percentage of the total costs.
(4) Order the owners of each tract of land referred to in
subdivision (1) to pay an amount equal to the product of the total
costs of removing the obstruction multiplied by the percentage
assigned to the tract under subdivision (3).
(d) The percentage of the total costs assigned to a tract under
subsection (c)(3) must correspond to the ratio of the total length of the
drain to the length of the particular segment of the drain that benefits
the tract.