Sec. 49. (a) When the board refers a regulated drain to the county surveyor for a reconstruction report, the county surveyor shall determine and set forth in the county surveyor’s report the best and cheapest method of reconstructing the drain so that it will adequately drain all affected land.

     (b) The county surveyor shall make the necessary surveys, maps, profiles, plans, and specifications, and the county surveyor may include in them:

Terms Used In Indiana Code 36-9-27-49

  • 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
  • Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
  • Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. 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
(1) all of the repairs or changes specifically set forth in section 34(b) of this chapter; and

(2) any other repairs or changes that good engineering practice requires, including arms where none existed before.

     (c) The county surveyor shall estimate the costs of the proposed reconstruction, including costs of notices and advertising, and the county surveyor shall also estimate the annual cost of periodically maintaining the proposed reconstruction.

     (d) The county surveyor shall include in the county surveyor’s report the name and address of each owner of land that will be affected by the proposed reconstruction, and the legal description of the land of each owner as shown by the tax duplicate or record of transfers of the county in which the land is located. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. If the name of an owner is not known, and cannot be discovered through diligent inquiry, the report may describe the land as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfers of the county where the land is located.

[Pre-Local Government Recodification Citation: 19-4-3-1.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.340.

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