Sec. 23. (a) If the drainage board finds for a petitioner after a hearing held under this chapter, a respondent may file an action in the circuit or superior court of the county in which the alleged obstruction exists seeking to have the order entered by the drainage board vacated.

     (b) An action filed under subsection (a) must be based on at least one (1) of the following assertions by the respondent:

Terms Used In Indiana Code 36-9-27.4-23

  • drainage board: means the following:

    Indiana Code 36-9-27.4-2

  • 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
(1) The drainage board lacked authority to act under this chapter.

(2) The drainage board erred in making the findings described in section 14(a) of this chapter.

(3) The respondent should have been awarded compensation for harm and inconvenience, or the amount awarded to the respondent for harm and inconvenience is insufficient.

(4) The drainage board did not follow the procedure required by this chapter.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

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