Indiana Code 36-9-27.4-16. Duty of board upon finding of intentional obstruction
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Sec. 16. (a) If the drainage board finds:
(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;
(1) for the petitioner under section 14(a) of this chapter; and
Terms Used In Indiana Code 36-9-27.4-16
- drain: refers to a mutual drain (as defined in IC 36-9-27-2). See Indiana Code 36-9-27.4-1
- drainage board: means the following:
Indiana Code 36-9-27.4-2
- 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. See Indiana Code 36-9-27.4-3
- obstruction: means a condition that:
Indiana Code 36-9-27.4-4
- 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. See Indiana Code 36-9-27.4-7
the drainage board shall enter an order directing the respondents to remove the obstruction at their own expense, or directing the county surveyor to remove the obstruction at the expense of the respondents.
(b) A respondent against whom an order is entered under subsection (a) is subject to an action under section 22 of this chapter if the respondent fails to pay the amount for which the respondent is responsible under the order.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.