§ 36-9-27.4-25 — Right of entry onto land

Indiana § 36-9-27.4-25

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

Text

(a) For the purposes of this chapter:
(1) a county surveyor;
(2) a member of a drainage board; or
(3) an authorized representative of a county surveyor or drainage
board;
has a right of entry over and upon a tract of land containing a drain or
natural surface watercourse that is the subject of a petition filed under
this chapter.
(b) The right of entry granted by this section is limited to the land
lying within seventy-five (75) feet of the drain or natural surface
watercourse. The seventy-five (75) feet must be measured at right
angles to:
(1) the center line of any tiled drain; and
(2) the top edge of each bank of an open drain; and
(3) the edge of any natural surface watercourse;
as determined by the county surveyor.
(c) A person exercising a right of entry under this section shall, to
the extent possible, use due care to avoid damage to:
(1) crops, fences, buildings, and other structures located outside
the right-of-way; and
(2) crops and approved structures located inside the right-of-way.
(d) Before exercising a right of entry under this section, an
individual must give oral or written notice of the entry on the land to
the property owner of record. The notice must state the purpose for the
entry.
(e) A right of entry under this section is not criminal trespass under
IC 35-43-2-2, and an individual exercising a right of entry under this
section may not be arrested or prosecuted for criminal trespass under
IC 35-43-2-2.

Legislative History

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