Sec. 109. (a) All petitions, evidence, requests, and other documents required to be filed with the board under this chapter, including all material and documents of every kind prepared by the county surveyor or on the surveyor’s behalf, shall be filed in the office of the surveyor, who shall receive them for the board. The surveyor shall:

(1) mark each document filed, showing the date it was received; and

Terms Used In Indiana Code 36-9-27-109

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) record the fact of filing, designating the nature of the document and by whom it was filed, in a journal maintained for that purpose.

     (b) The county surveyor shall maintain the documents described in subsection (a) in permanent files under the name of each regulated drain in the county. These copies shall be made available to the trial court, the supreme court, or the court of appeals in any proceedings pending under sections 106, 107, and 108 of this chapter.

     (c) The county surveyor shall maintain a copy of each document described in subsection (a) for the use of the board.

     (d) Whenever this chapter permits the filing of written evidence with the board, that evidence shall be subscribed to under oath by the person or persons having knowledge of the facts contained in the evidence.

[Pre-Local Government Recodification Citation: 19-4-1-8.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.12; P.L.3-1989, SEC.233.

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