Indiana Code 36-9-27-47. Persons entering land under contract, easement, or statute; damage to drains; repair procedure
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Sec. 47. (a) Whenever any person:
(2) damages a regulated drain or impedes the flow of such a drain by placing pipe, cable, or other material over, under, or through the drain;
(1) goes upon any land under any contract, easement, or statute; and
Terms Used In Indiana Code 36-9-27-47
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
- Statute: A law passed by a legislature.
the board shall serve upon the person an order requiring the person to immediately repair the damages and remove the obstruction.
(b) If the person fails to comply with the order, the county surveyor shall repair the damage and remove the obstruction. The board may then bring an action against the person to recover damages, including the reasonable cost of repairing the damage and removing the obstruction, along with reasonable attorney‘s fees.
[Pre-Local Government Recodification Citation: 19-4-6-3 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.338.