Indiana Code 36-9-27-53. Reconstruction proceedings; combination of drains; procedure
(1) the board has initiated, or is considering initiating, a proceeding to reconstruct a regulated drain under this chapter;
Terms Used In Indiana Code 36-9-27-53
- 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
- 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
- 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
(3) the board finds that no substantial injustice would result from treating the drains as a single drain; and
(4) the board has given notice and a hearing to the owners of affected land;
the board may issue an order combining the drains.
(b) The notice shall be published:
(1) at least once; and
(2) not less than ten (10) nor more than thirty (30) days before the date of the hearing;
in a newspaper of general circulation in the area affected. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.
(c) After an order is issued under this section, this chapter applies to the combined drains as if they were a single drain.
[Pre-Local Government Recodification Citation: 19-4-3-7.]
As added by Acts 1981, P.L.309, SEC.101.