Sec. 22. (a) If a person who is required by an order of a drainage board under this chapter to pay an amount or bear an expense does not comply with the requirement, the amount for which the person is responsible may be recovered by:
(1) the drainage board, as custodian of the general drain improvement fund, if the amount was advanced from the general drain improvement fund; or
(2) another person subject to the order who has paid the amount and is entitled to reimbursement.
(b) An amount may be recovered from a person under subsection (a) through an action in a court having jurisdiction in the same manner that a creditor may recover an amount owed under a contract. In an action brought under this subsection, the plaintiff may also be awarded costs and reasonable attorney's fees.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses
36-9-27.4-2. "Drainage Board" Defined
36-9-27.4-3. "Natural Surface Watercourse" Defined
36-9-27.4-4. "Obstruction" Defined
36-9-27.4-7. "Respondent" Defined
36-9-27.4-9. Petition for Removal of Obstruction
36-9-27.4-10. Required Contents of Petition
36-9-27.4-13. Postponement and Rescheduling of Hearing
36-9-27.4-14. Findings of Board
36-9-27.4-15. Drainage Board Determining Whether Obstruction Created Intentionally
36-9-27.4-16. Duty of Board Upon Finding of Intentional Obstruction
36-9-27.4-17. Duty of Board Upon Finding of Unintentional Obstruction
36-9-27.4-18. Additional Duties of Board; Natural Surface Watercourses
36-9-27.4-19. Additional Duties of Board; Drains
36-9-27.4-20. Landowners Jointly and Severally Responsible for Costs of Obstruction Removal