Sec. 52.5. (a) If:

(1) a proposed project for the reconstruction of a regulated drain is presented to the board for approval;

Terms Used In Indiana Code 36-9-27-52.5

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • 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
  • Watershed: means an area of land from which all runoff water drains to a given point or that is affected by a small lake. See Indiana Code 36-9-27-2
(2) the proposed project consists exclusively of the relocation of a regulated drain from one (1) site on property owned by a person to another site on property owned by the same person;

(3) the specifications for the project have been approved by the county surveyor;

(4) the project will be completed under the supervision of the county surveyor;

(5) the person who owns the property on which the regulated drain will be relocated will pay the entire cost of the project;

(6) the county surveyor has investigated whether any other owner of land in the watershed in which the regulated drain is located will be adversely affected by the proposed project, and has communicated the results of the investigation to the board;

(7) the board finds that no owner of land in the watershed in which the regulated drain is located will be adversely affected by the proposed project; and

(8) the board, at a public meeting, votes to approve the proposed project;

the board may issue an order authorizing the reconstruction of a regulated drain.

     (b) The board may issue an order authorizing the reconstruction of a regulated drain under subsection (a) without:

(1) the preparation and filing of a reconstruction report under sections 49 and 50 of this chapter;

(2) the preparation by the county surveyor of a schedule of damages and assessments under section 50 of this chapter; and

(3) a hearing on the reconstruction report and the schedules of damages and assessments under section 52 of this chapter.

As added by P.L.273-1995, SEC.3.

  Previous section
Next section  
 Chapter 27 Contents