Sec. 63. (a) When the schedules of assessments and damages prepared under section 62 of this chapter are completed and marked filed, the board shall fix the date, time, and place for a hearing on the county surveyor’s report and on the schedules of assessments and damages. The board shall serve notice of the hearing, along with a copy of the schedules, upon the attorney for the petitioner. The date fixed by the board for the hearing may not be less than thirty (30) nor more than forty (40) days after service of notice upon the petitioner’s attorney.

     (b) Within five (5) days after service upon the attorney for the petitioner of the notice of hearing, the attorney for the petitioner shall mail a notice in a five (5) day return envelope addressed to each owner named in the schedule of benefits and damages. The notice must state:

Terms Used In Indiana Code 36-9-27-63

  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
  • Open drain: means a natural or artificial open channel that:

    Indiana Code 36-9-27-2

  • Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
(1) the name and identifying number by which the proposed drain is known;

(2) that the report of the county surveyor and the schedules of damages and benefits as determined by the board have been filed and are available for inspection in the office of the county surveyor;

(3) that the land of the owner is shown by the schedule of damages to be damaged in the sum of ____________ dollars;

(4) that the land of the owner is shown by the schedule of assessments to be assessed ____________ percent of the total cost of the drain, and that ____________ percent of the estimated total cost of the drain is in the sum of ____________ dollars;

(5) that the land of the owner is shown by the schedule of assessments to be annually assessed in the sum of ____________ dollars for the estimated periodic maintenance of the drain; and

(6) the date, hour, and place of hearing on the county surveyor’s report and on the schedules of damages and assessments.

     (c) The attorney for the petitioner shall publish a notice in accordance with IC 5-3-1. The notice:

(1) shall be entitled “In the matter of the ____________ drain petition”;

(2) shall be addressed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered; and

(3) must state that:

(A) the report of the county surveyor and the schedules of damages and assessments made by the board have been filed and are available for public inspection in the office of the county surveyor; and

(B) a hearing will be held before the board on the report and schedules, specifying the time and place of the hearing.

     (d) When the plans and specifications of the county surveyor disclose that part or all of the proposed drain will involve the construction of an open drain, the attorney for the petitioner shall mail a notice to the Indiana department of natural resources. The notice must give the time, date, and place of the hearing and state that the proposed drain will involve the construction of an open drain.

[Pre-Local Government Recodification Citation: 19-4-2-12.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.80; P.L.127-2017, SEC.351.

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