Sec. 23. (a) If the drainage board finds for a petitioner after a hearing held under this chapter, a respondent may file an action in the circuit or superior court of the county in which the alleged obstruction exists seeking to have the order entered by the drainage board vacated.
(b) An action filed under subsection (a) must be based on at least one (1) of the following assertions by the respondent:
(1) The drainage board lacked authority to act under this chapter.
(2) The drainage board erred in making the findings described in section 14(a) of this chapter.
(3) The respondent should have been awarded compensation for harm and inconvenience, or the amount awarded to the respondent for harm and inconvenience is insufficient.
(4) The drainage board did not follow the procedure required by this chapter.
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