Terms Used In Indiana Code > Title 36 > Article 9 > Chapter 27 - Drainage Law

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Crossing: means a drainage structure that passes over, under, or through a location used for the passage of people, livestock, or vehicles. See Indiana Code 36-9-27-2
• Dam: means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet. 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Mutual drain: means a drain that:

  Indiana Code 36-9-27-2

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Quorum: The number of legislators that must be present to do business.
• 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rural drain: means a regulated drain that provides adequate drainage or impounds water for rural land. See Indiana Code 36-9-27-2
• Rural land: means affected land that:

  Indiana Code 36-9-27-2

• Service of process: The service of writs or summonses to the appropriate party.
• Small lake: means a lake, pond, or similar body of water that:

  Indiana Code 36-9-27-2

• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Tiled drain: means a tiled channel that:

  Indiana Code 36-9-27-2

• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Urban land: means affected land that:

  Indiana Code 36-9-27-2

• Venue: The geographical location in which a case is tried.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• 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
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5