Indiana Code 36-9-27.4-9. Petition for removal of obstruction
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Sec. 9. If:
(2) the owner of the land on which the obstruction is located, upon request, does not remove the obstruction;
(1) a person who owns a tract of land seeks the removal of an obstruction from a drain or natural surface watercourse located outside the person’s tract in order to promote better drainage of the person’s tract; and
Terms Used In Indiana Code 36-9-27.4-9
- 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
- owner: means a person who holds a possessory legal interest in land. See Indiana Code 36-9-27.4-5
- person: means an individual, a corporation, a limited liability company, a partnership, or any other legal entity. See Indiana Code 36-9-27.4-6
- tract: means an area of land that is:
Indiana Code 36-9-27.4-8
the person seeking the removal of the obstruction may file a petition under this chapter asking the drainage board in the county in which the obstruction is located to remove, or authorize or order the removal of, the obstruction under this chapter.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.