Sec. 19. (a) The commission, board of directors, employees, or authorized representatives of the commission acting under this chapter may:

(1) enter the land lying within the one hundred (100) year flood plain of any watercourse; and

Terms Used In Indiana Code 14-30-4-19

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • commission: refers to the Upper Wabash River basin commission established by this chapter. See Indiana Code 14-30-4-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) enter nonflood plain land to gain access to the flood plain land;

to investigate, examine, survey, or investigate suspected violations of the Indiana flood control laws.

     (b) The commission must give sixty (60) days written notice to:

(1) an affected landowner;

(2) a contract purchaser; or

(3) for a municipality, the executive of the municipality;

before exercising the right of entry granted in this section. The notice must state the purpose of the entry and that there is a right of appeal under this section.

     (c) An affected landowner may, within the sixty (60) day notice period under subsection (b), appeal the proposed necessity for entry to a court in the county in which the property is located. If an appeal is made, the commission may not exercise the right of entry until a final decision is made by the court.

     (d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures.

As added by P.L.35-2001, SEC.7.