Sec. 65. (a) Not less than five (5) days before the board's hearing on a petition for a new regulated drain, any owner of land affected by the report of the county surveyor or by the schedules of damages and assessments may file with the board written objections to the report, schedules, or both. The objections may be for one (1) or more of the following causes:
(1) The proposed drain, as reported by the county surveyor, is not practicable and will not adequately drain the affected land. An objection on this ground must point out the impracticable aspects of the proposed drain and describe the specific lands that will not be adequately drained.
(2) The costs, damages, and expenses of the drain will exceed the benefits that will result to the owners of all land benefited.
(3) The proposed drain will not:
(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.
(4) The objector is the owner of land damaged by the drain, and:
(A) the board failed to find that the objector's land is damaged; or
(B) the damages assessed to the objector's land are inadequate.
(5) The objector is the owner of lands assessed as benefited, and the benefits assessed against the objector's lands are excessive.
Each objector may file written evidence in support of the objector's objections. The failure of an owner to file objections constitutes a waiver of the owner's right to subsequently object, on the grounds stated in this subsection, to any final action of the board.
(b) On or before the day of the hearing, the county surveyor shall, and any owner of affected land may, cause written evidence to be filed in support of or in rebuttal to any objection filed under subsection (a).
(c) The board shall consider the objections and evidence filed, may adjourn the hearing from day to day or to a day certain, and may issue an order permitting additional written evidence to be filed in support of or in rebuttal to the objections and evidence previously filed.
(d) After considering all of the objections and evidence, the board may amend the schedules of damages and assessments, and the county surveyor may modify the county surveyor's report, as justice may require.
(e) Before final adjournment of the hearing, the board shall determine in writing:
(1) whether the proposed drain, as reported by the county surveyor, is practicable and will adequately drain the affected land;
(2) whether the costs, damages, and expenses of the proposed drain will be less than the benefits accruing to the owners of land benefited by the drain; and
(3) whether the proposed drain will improve the public health, benefit a public highway in a county or a public street in a municipality, drain the grounds of a public school, or be of public utility.
If the board finds the issues set forth in subdivision (1), (2), or (3) in the negative, it shall dismiss the petition. If the board finds the issues set forth in subdivisions (1), (2), and (3) in the affirmative, it shall adopt the schedules of damages and assessments, including annual assessments for periodic maintenance, as originally filed or as amended, into its findings, and issue an order declaring the proposed drain established. The board shall mark the findings and order filed and publicly announce them at the hearing. Immediately after that, the board shall publish a notice in accordance with IC 5-3-1. The notice must identify the proceedings and state that the findings and order of the board have been filed and are available for inspection in the office of the county surveyor.
(f) If judicial review of the findings and order of the board is not requested under section 106 of this chapter within twenty (20) days after the date of publication of the notice, the findings and order become conclusive.
(g) When the proposed drain is finally and conclusively established, the board shall allow the attorney for the petitioner the fee computed under section 61(8) of this chapter.
[Pre-Local Government Recodification Citations: 19-4-2-10 part; 19-4-2-13; 19-4-2-14; 19-4-2-15.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.81; P.L.127-2017, SEC.353.
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