Indiana § 36-9-28-11 Board of directors; duties; petition for appointment; notice of hearing;
appearance; judgment

Indiana Statutes

§ 36-9-28-11 — Board of directors; duties; petition for appointment; notice of hearing; appearance; judgment

Indiana·Title 36 LOCAL GOVERNMENT·Art. 9 TRANSPORTATION AND PUBLIC WORKS·Ch. 28 Certain Watercourse, Levee, Sewer, and Drain

(a)After a project is completed and approved under this chapter, the care, management, control, repair, and maintenance of the project may be placed under the jurisdiction of a board of directors appointed under this section.

(b)A petition requesting the appointment of a board of directors for the project may be filed with the clerk of the circuit court. The petition may be signed by:

(1)the municipal works board, if all or part of the municipality is located in the area affected by the project;

(2)the executive and legislative body of a township, if all or part of the township is located in the area affected by the project;

(3)any twenty-five (25) landowners who reside in a municipality and whose lands are located in the area affected by the improvement; or

(4)any twenty-five (25) l

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(a) After a project is completed and
approved under this chapter, the care, management, control, repair, and
maintenance of the project may be placed under the jurisdiction of a
board of directors appointed under this section.
(b) A petition requesting the appointment of a board of directors for
the project may be filed with the clerk of the circuit court. The petition
may be signed by:
(1) the municipal works board, if all or part of the municipality is
located in the area affected by the project;
(2) the executive and legislative body of a township, if all or part
of the township is located in the area affected by the project;
(3) any twenty-five (25) landowners who reside in a municipality
and whose lands are located in the area affected by the
improvement; or
(4) any twenty-five (25) landowners who do not reside in a
municipality and whose lands are located in the area affected by
the project.
The petition shall be docketed as a pending action, and the court shall
fix a time when the petition shall be heard.
(c) After the petition is filed and docketed, the clerk of the circuit
court shall give notice of the hearing by publication in accordance with
IC 5-3-1. The notice shall be addressed to all persons who were
originally assessed for the construction of the project.
(d) Any person owning land located in the area affected by the
project may appear at the hearing and be heard, either in person or by
the person's attorney.
(e) If the court determines that a board of directors should be
appointed and assessments should be imposed for the care,
management, control, repair, and maintenance of the project, the court
shall enter a judgment accordingly. If the court enters such a judgment,
two (2) members of the board of directors shall be appointed by the
county executive and one (1) member of the board of directors shall be
appointed by the municipal executive. The three (3) appointed persons
must be qualified under section 12 of this chapter.
(f) If the court determines that a board of directors should not be
appointed, it shall dismiss the petition.
[Pre-Local Government Recodification Citations:
19-4-20-11; 19-4-20-12; 19-4-20-13; 19-4-20-14.]
As added by Acts 1981, P.L.309, SEC.104. Amended by Acts
1981, P.L.45, SEC.86; P.L.7-1983, SEC.40; P.L.84-2016, SEC.191;
P.L.127-2017, SEC.367.

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