Section 36-9-27-37 - Vacation of drains; procedure; appeals(a) When instituting proceedings to vacate a regulated drain, the board shall: (1) serve a notice of intention to vacate on all owners of affected land;(2) fix a date for a hearing;(3) receive all objections filed;(4) hold the hearing; and(5) issue an order vacating or reclassifying the drain.(b) A board acting under this section shall: (1) comply with the applicable provisions of sections 49 through 52 of this chapter; and(2) consider section 34(d) of this chapter in determining whether a drain should be vacated.(c) An owner aggrieved by the final order of the board may obtain judicial review of the order under section 106 of this chapter.(d) When a drain is vacated, the county treasurer shall transfer all money in that drain's maintenance fund to the general drain improvement fund.Pre-Local Government Recodification Citation: 19-4-1-11.
As added by Acts1981 , P.L. 309, SEC.101. Amended by P.L. 206-1984, SEC.4.