Sec. 9. If:
(1) a person who owns a tract of land seeks the removal of an obstruction from a drain or natural surface watercourse located outside the person's tract in order to promote better drainage of the person's tract; and
(2) the owner of the land on which the obstruction is located, upon request, does not remove the obstruction;
the person seeking the removal of the obstruction may file a petition under this chapter asking the drainage board in the county in which the obstruction is located to remove, or authorize or order the removal of, the obstruction under 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