Sec. 14. (a) Subject to subsection (b), the department and the department’s agents, engineers, geologists, and other employees may, for purposes of determining the department’s jurisdiction and performing the engineering inspections provided in sections 9 and 10 of this chapter, enter upon any land or water in Indiana without liability for trespass. The owner of a structure shall do the following:

(1) Cooperate with the department and the department’s agents, engineers, geologists, and other employees in the conduct of the inspections.

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Terms Used In Indiana Code 14-27-7.5-14

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • owner: means an individual, a firm, a partnership, a copartnership, a lessee, an association, a corporation, an executor, an administrator, a trustee, the state, an agency of the state, a municipal corporation, a political subdivision of the state, a legal entity, a drainage district, a levee district, a conservancy district, any other district established by law, or any other person who has a right, a title, or an interest in or to the property upon which the structure is located. See Indiana Code 14-27-7.5-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • structure: means a dam and its appurtenant works. See Indiana Code 14-27-7.5-5
(2) Facilitate access to the structure.

(3) Furnish upon request the plans, specifications, operating and maintenance data, or other information that is pertinent to the structure.

     (b) Notwithstanding an engineering inspection performed by the property owner or a consultant of the property owner, not less than five (5) business days before an inspection is conducted under this section, the department shall provide the property owner of a structure with notice of the intended inspection date. The notice must be by mail or by a means of electronic transmission approved by the owner.

As added by P.L.148-2002, SEC.15. Amended by P.L.186-2003, SEC.74; P.L.129-2022, SEC.5.