Indiana Code 36-9-27-58. Establishing new regulated drains; notice of hearing on petition
(1) the fact of the filing and pendency of the petition;
Terms Used In Indiana Code 36-9-27-58
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
(3) the general route of the proposed drain; and
(4) the date, hour, and place of the hearing before the board.
(b) The attorney for the petitioner shall, within the seven (7) day period, mail a copy of the notice in a five (5) day return envelope to each owner named in the petition.
(c) The attorney for the petitioner shall have a copy of the notice published in accordance with IC 5-3-1. The published notice shall be directed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered.
(d) On or before the day of the hearing, the attorney for the petitioner shall file with the board affidavits showing the mailing of the notices under subsection (b) and the publication of notice under subsection (c). The mailing and publication of the notice under this section constitute public notice to all owners of the pendency of the petition, whether or not they were individually named and notified, and are sufficient to give the board jurisdiction over those owners.
[Pre-Local Government Recodification Citation: 19-4-2-7.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.79; P.L.127-2017, SEC.347.