Indiana Code 36-9-27-56. Establishing new regulated drains; negative findings by surveyor; procedure
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Sec. 56. (a) If the county surveyor’s report concerning any of the three (3) subdivisions of section 55 of this chapter is wholly in the negative, the board shall have a copy of the county surveyor’s preliminary report served upon the attorney for the petitioner.
(c) The board shall consider any objections and written evidence filed by petitioner, and may then adopt the county surveyor’s preliminary report as filed or amend it as justice may require. However, if the board finds that the report concerning any of the three (3) subdivisions of section 55 of this chapter should be wholly in the negative, it shall dismiss the petition, whether or not the petitioner has filed objections and evidence.
(b) Within twenty (20) days after service is made under subsection (a), the petitioner may file with the board written objections to the report, along with written evidence in support of the objections.
Terms Used In Indiana Code 36-9-27-56
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(d) The board shall serve a copy of its findings and the notice of dismissal, if any, on the attorney for the petitioner. The petitioner may file an appeal from the order of the board under section 106 of this chapter within twenty (20) days after service of the order on the petitioner’s attorney.
[Pre-Local Government Recodification Citation: 19-4-2-5.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.345.