Sec. 54. (a) When one (1) or more persons want to establish a new regulated drain, and that drain cannot be established in the best and cheapest manner without affecting land owned by other persons, the person or persons seeking to establish the drain must file a petition with the board. If the proposed drain will affect land in two (2) or more counties, the petition shall be filed in each of the affected counties. The petition shall be entitled "In the Matter of the __________ Drain Petition".
(b) The petition may be filed by:
(1) the owners of:
(A) ten percent (10%) or more in acreage; or
(B) twenty-five percent (25%) or more of the assessed valuation;
of the land that is outside the corporate boundaries of a municipality and is alleged by the petition to be affected by the proposed drain;
(2) a county executive that wants to provide for the drainage of a public highway;
(3) a township executive or the governing body of a school corporation that wants to drain the grounds of a public school; or
(4) a municipal legislative body that wants to provide for the drainage of the land of the municipality.
(c) The petition must include the following items:
(1) A statement showing that each petitioner is qualified to file the petition.
(2) The legal description of each tract of land that a petitioner believes will be affected by the proposed drain, and the name and address of each owner, as shown by the tax duplicate or record of transfers of the county. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. The petition must describe an area of land equal to three-fourths (3/4) or more in area of all the affected land.
(3) The general route of the proposed drain.
(4) A statement that in the opinion of the petitioner the costs, damages, and expenses of the proposed drain will be less than the benefits accruing to the owners of land likely to be benefited by the drain.
(5) A statement that in the opinion of the petitioner the proposed drain will:
(A) improve the public health;
(B) benefit a public highway in a county or a public street in a municipality;
(C) drain the grounds of a public school; or
(D) be of public utility.
(6) The name of the attorney representing the petitioner in the drainage petition.
(7) A statement that the petitioner shall pay the cost of notice and all legal costs, if the petition is dismissed.
The petitioner shall post a bond sufficient to pay the cost of notice and all legal costs if the petition is dismissed.
(d) The petition must be signed by each petitioner and filed in duplicate with the county surveyor, who shall receive it on behalf of the board. The county surveyor shall examine the petition and if it is in proper form the county surveyor shall mark it filed, showing the date of filing, and give it a distinguishing name by insertion in its caption. If the petition is not in proper form, the surveyor shall return it to the attorney for the petitioner, pointing out in what respects the petition fails to comply with this chapter. The attorney may then amend the petition and refile it with the county surveyor.
[Pre-Local Government Recodification Citations: 19-4-2-1; 19-4-2-2; 19-4-2-3.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.343.
Structure Indiana Code
Article 9. Transportation and Public Works
36-9-27-1. Application of Chapter
36-9-27-3. Authority to Exercise Rights and Powers of Political Subdivisions and State
36-9-27-6. Special Members; Appointment; Powers and Duties; Compensation
36-9-27-7. Officers; Meetings; Quorum; Approval of Actions
36-9-27-9. Employment of Attorney
36-9-27-10. Compensation of Members and Employees
36-9-27-11. Payment of Expenses
36-9-27-12. Conflicts of Interest
36-9-27-13. Certain Counties; County Drainage Advisory Committees Established; Powers and Duties
36-9-27-14. Proceedings Affecting More Than One County; Joint Boards
36-9-27-15. Jurisdiction Over Regulated Drains
36-9-27-16. Private and Mutual Drains Exempt From Chapter
36-9-27-17. Private and Mutual Drains; Connection With Regulated Drains; Procedure
36-9-27-19. Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by Single Owner
36-9-27-20.6. Right of Entry and Right-of-Way Powers
36-9-27-24. Drains Located in Conservancy Districts; Jurisdiction
36-9-27-25. Drains Included in Flood Control Projects; Exemption From Chapter
36-9-27-27. Dissolution of Certain Drainage Maintenance and Repair Districts; Procedure
36-9-27-29. County Surveyors; Powers and Duties
36-9-27-30. Qualified Deputies; Appointment; Duties; Compensation
36-9-27-31. Counties Without Elected Surveyors; Employment of Engineers or Surveyors by Board
36-9-27-32. Contract Deputies; Appointment; Powers and Duties; Compensation
36-9-27-33. Right of Entry Over Private Land; Extension of Spoil Banks Beyond Right-of-Way
36-9-27-34. Classification of Drains by County Surveyor
36-9-27-37. Vacation of Drains; Procedure; Appeals
36-9-27-38. Periodic Maintenance of Drains; County Surveyor's Report
36-9-27-39. Periodic Maintenance of Drains; Schedule of Assessments
36-9-27-41. Periodic Maintenance of Drains; Combination of Drains for Assessment Purposes; Procedure
36-9-27-42. Increases and Decreases in Assessments for Periodic Maintenance of Drains; Procedure
36-9-27-43. Omission of Annual Assessment
36-9-27-44. Establishment of Maintenance Funds for Drains
36-9-27-45. Maintenance Funds for Drains; Use of Funds
36-9-27-45.5. Excess Drainage Maintenance Fund Balance; Transfer of Funds
36-9-27-46. Obstruction of Drains; Repair Procedure
36-9-27-49. Reconstruction of Drains; County Surveyor's Report
36-9-27-50. Reconstruction of Drains; Preparation of Schedule of Assessments and Damages
36-9-27-51. Reconstruction of Drains Necessitated by Changes in Land Use; Assessments
36-9-27-52.5. Authorization for Reconstruction of Regulated Drain
36-9-27-53. Reconstruction Proceedings; Combination of Drains; Procedure
36-9-27-54. Establishing New Regulated Drains; Petitions
36-9-27-55. Establishing New Regulated Drains; Inspection and Preliminary Report by County Surveyor
36-9-27-56. Establishing New Regulated Drains; Negative Findings by Surveyor; Procedure
36-9-27-58. Establishing New Regulated Drains; Notice of Hearing on Petition
36-9-27-59. Construction of Drains; Remonstrances and Objections to Petition
36-9-27-64. Construction of Drains Depriving Property Owners of Ingress and Egress; Damage Awards
36-9-27-66. Construction of Connecting Drain Through Lands Owned by Others; Procedure
36-9-27-67. Urban Drains; Designation
36-9-27-68. Urban Drains; Duties of County Surveyor
36-9-27-69.5. Drainage Plans and Specifications
36-9-27-70. Drains Within 300 Feet of Levees; Approval of Plans by Department of Natural Resources
36-9-27-71. Drains Crossing Public Highways and Railroad Rights-of-Way
36-9-27-74. Certain Counties; Tax Levy; Appropriations
36-9-27-75. Acceptance of Grants or Gifts
36-9-27-76. Cooperation With State or Federal Agencies
36-9-27-77. Contracts; Restrictions
36-9-27-78. Contracts; Bidding; Required Provisions; Surety Bonds
36-9-27-79.1. Contracts Estimated to Be Not More Than $150,000; Procedure
36-9-27-80.5. Construction Contract Changes in Specification; Change Orders
36-9-27-81. Partial or Progress Payments to Contractors
36-9-27-82. Final Payment Upon Completion of Contract; Approval of Work by County Surveyor
36-9-27-83. Subcontractors, Laborers, or Other Persons; Claims
36-9-27-84. Contracts; Apportionment of Costs to Lands Benefited
36-9-27-85. Certification of Assessments to County Auditor; Disposition of Unexpended Funds
36-9-27-87. Persons or Associations Owning Multiple Properties; Single Assessment Bill
36-9-27-88. Assessments; Due Date; Installment Payments
36-9-27-89. Ditch Assessment Liens; Attachment; Termination
36-9-27-90. Delinquent Assessments on Lands Owned by Municipal Corporations
36-9-27-93. Periodic Maintenance Assessments; Property Transfers; Reassessments; Procedure
36-9-27-94. Bonds; Authorization; Procedure; Terms
36-9-27-95. Fees for the Sale of Bonds
36-9-27-96. Bonds; Limited Obligation; Collection of Delinquencies
36-9-27-97. Bond Redemption Fund; Establishment; Composition
36-9-27-97.5. Construction Loans; Terms; Deposit of Proceeds; Interest on Loan
36-9-27-98. Payment of Assessments by Municipality or County
36-9-27-99. Cumulative Drainage Fund; Establishment
36-9-27-100. Cumulative Drainage Fund; Tax Levy
36-9-27-104. Interstate Drains; Authorization; Joint Meetings of State Officials
36-9-27-105. Interstate Drains; Cooperation of Surveyors and Engineers
36-9-27-106. Judicial Review; Petition
36-9-27-107. Judicial Review; Procedure
36-9-27-108. Judicial Review; Stay of Proceedings Ordered by Board
36-9-27-109. Judicial Review; Evidence; Filing Requirements
36-9-27-110. Notice and Service; Requirements
36-9-27-111. Time for Filing Documents; Extensions
36-9-27-112. Determination of Benefits and Damages by Board; Factors Considered
36-9-27-113. Investment of Funds; Consolidation; Credit of Interest Earned
36-9-27-114. Drainage Board Fees in Certain Counties for Certain Storm Water Activities