Title 36, LOCAL GOVERNMENT

Sec. 13. Before or on the date of a hearing held under this chapter, the drainage board may postpone and reschedule the hearing if: (1) it appears that a respondent has not been served with notice; or (2) the interests of fairness otherwise compel a postponement. As added by P.L.…

Sec. 14. (a) If, after a hearing held under this chapter, the drainage board finds that: (1) the obstruction of a drain or a natural surface watercourse that is alleged in the petition exists; and (2) the removal of the obstruction will: (A) promote better drainage of the petitio…

Sec. 15. If the drainage board finds for the petitioner under section 14(a) of this chapter, the board shall determine, based upon a preponderance of the evidence, whether the obstruction of the drain or natural surface watercourse was created intentionally by any of the responde…

Sec. 16. (a) If the drainage board finds: (1) for the petitioner under section 14(a) of this chapter; and (2) under section 15 of this chapter that the obstruction of the drain or natural surface watercourse was created intentionally by at least one (1) of the respondents; the dr…

Sec. 17. If the drainage board: (1) finds for the petitioner under section 14(a) of this chapter; and (2) does not find under section 15 of this chapter that the obstruction of the drain or a natural surface watercourse was created intentionally by any of the respondents; the dra…

Sec. 18. (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 natura…

Sec. 19. (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 intentiona…

Sec. 2. As used in this chapter, "drainage board" means the following: (1) Except as provided in subdivision (2): (A) the county board of commissioners, as provided in IC 36-9-27-5(a)(1); or (B) the drainage board appointed by the board of commissioners under IC 36-9-27-5(a)(2). …

Sec. 20. (a) All the owners of a tract that is the subject of an order issued under section 19 of this chapter are jointly and severally responsible for the payment of the amount determined under section 19(c)(4) of this chapter. (b) An owner of a tract who pays all of or a porti…

Sec. 21. In entering an order concerning the removal of an obstruction under this chapter, a drainage board may: (1) provide for the costs of the removal work to be paid directly by one (1) or more of the persons subject to the order; or (2) authorize an advance on the general dr…

Sec. 22. (a) If a person who is required by an order of a drainage board under this chapter to pay an amount or bear an expense does not comply with the requirement, the amount for which the person is responsible may be recovered by: (1) the drainage board, as custodian of the ge…

Sec. 23. (a) If the drainage board finds for a petitioner after a hearing held under this chapter, a respondent may file an action in the circuit or superior court of the county in which the alleged obstruction exists seeking to have the order entered by the drainage board vacate…

Sec. 24. (a) In an action filed under section 23 of this chapter, the court: (1) shall enter an order vacating the order of the drainage board directing the county surveyor to remove the obstruction; and (2) may issue an injunction against the removal of the obstruction; if the c…

Sec. 25. (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…

Sec. 3. As used in this chapter, "natural surface watercourse" means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarily flows in a definable direction and channel. As added by P.L.239-1996, SEC.3 and P.L.240-1996, …

Sec. 4. (a) As used in this chapter, "obstruction" means a condition that: (1) exists within or near a drain; and (2) prevents or significantly impedes the flow of water through the drain. (b) The term includes the following: (1) The presence of: (A) one (1) or more objects insid…

Sec. 5. As used in this chapter, "owner" means a person who holds a possessory legal interest in land. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

Sec. 6. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or any other legal entity. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

Sec. 7. As used in this chapter, "respondent" means an owner of the tract of land that is the subject of a petition seeking the removal of an obstruction under this chapter. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

Sec. 8. As used in this chapter, "tract" means an area of land that is: (1) under common fee simple ownership; (2) contained within a continuous border; and (3) a separately identified parcel for property tax purposes. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.…

Sec. 9. If: (1) a person who owns a tract of land seeks the removal of an obstruction from a drain or natural surface watercourse located outside the person's tract in order to promote better drainage of the person's tract; and (2) the owner of the land on which the obstruction i…