Sec. 69. (a) After the county surveyor has filed the county surveyor's report on the construction or reconstruction of an urban drain, the county surveyor shall consult with the board, and the board may adopt or modify the designations recommended by the surveyor. The board shall then prepare a schedule of benefits, assessments, and damages.
(b) The board shall determine and compute benefits, assessments, damages, total estimated cost, and percentage allocations in the manner provided by section 50 or 62 of this chapter. However, in determining benefits and assessments for an urban drain, the board shall consider the following factors:
(1) The watershed, or entire land area drained or affected by the urban drain, shall be considered to be benefited and shall be assessed.
(2) If specific parts of urban land are to be served by new drainage arms, routings, special structures, or other similar new features that are part of the total cost of the urban drain, those specific parts of urban land may be considered to have extra benefits greater than the benefits to the other affected urban land.
(3) Except for urban land that has extra benefits, all urban land within the watershed shall be considered to be equally benefited, and the benefits shall be computed in proportion to the number of acres in each tract.
(4) If a tract of urban land has been platted or subdivided into lots, and the subdivision contains streets, parkways, parks, or similar common use areas, the board may determine the per lot benefits by:
(A) ascertaining the total approximate benefits in proportion to the area of the tract before the subdividing; and
(B) apportioning the total benefits in substantially equal amounts to each lot.
Additional assessments may not be imposed on a right-of-way apportioned to the lots under this subdivision.
(5) Rights-of-way of a public highway, railroad company, pipeline company, or public utility that lie within or adjoin urban land shall be considered to be benefited and shall be assessed in the same manner as urban land.
(6) Rural land affected by an urban drain is benefited only as rural land and shall be assessed on that basis. Whenever the board finds that a drain would have drained rural land without reconstruction, the board may reduce the assessment apportioned to rural land, subject to section 84(c) of this chapter.
(c) The notice to landowners in the case of an urban drain must:
(1) state that the drain has been designated as an urban drain;
(2) describe the land of the owner to whom the notice is addressed; and
(3) state that the land described is shown by the schedule of assessments to be assessed as either rural land or urban land.
(d) Before final adjournment of the hearing, the board shall find in writing that the drain is an urban drain or that it is a rural drain and is not an urban drain. If the board finds that the drain is not an urban drain, the board shall then request the county surveyor to deny all future connections to the drain, as provided in section 17 of this chapter, and the board shall make this request and finding public.
[Pre-Local Government Recodification Citations: 19-4-10-3; 19-4-10-4.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.357.
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