Indiana Code 36-9-27-37. Vacation of drains; procedure; appeals
(1) serve a notice of intention to vacate on all owners of affected land;
Terms Used In Indiana Code 36-9-27-37
- Affected land: means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain. See Indiana Code 36-9-27-2
- Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
- Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
- Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
- Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
(3) receive all objections filed;
(4) hold the hearing; and
(5) issue an order vacating or reclassifying the drain.
(b) A board acting under this section shall:
(1) comply with the applicable provisions of sections 49 through 52 of this chapter; and
(2) consider section 34(d) of this chapter in determining whether a drain should be vacated.
(c) An owner aggrieved by the final order of the board may obtain judicial review of the order under section 106 of this chapter.
(d) When a drain is vacated, the county treasurer shall transfer all money in that drain’s maintenance fund to the general drain improvement fund.
[Pre-Local Government Recodification Citation: 19-4-1-11.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.4.