Section 36-9-27-66 - Construction of connecting drain through lands owned by others; procedure(a) Whenever: (1) land has been assessed as benefited by the construction, reconstruction, or maintenance of a regulated drain;(2) there is no open or tiled drain connecting the land with the regulated drain; and(3) the waters from the land flow over or through land owned by others to reach the regulated drain; the owner of the land assessed may petition the board to construct through the land of the other owners a new drain that will connect the petitioner's lands with the regulated drain. The petition must describe the land through which the new regulated drain will run, state the name and address of each owner of that land, describe the general route of the proposed new regulated drain, and state the proposed method of construction.
(b) The board shall refer the petition to the county surveyor for a report.(c) If the county surveyor determines that the proposed drain is not practicable, the county surveyor shall report that fact to the board and the board shall deny the petition.(d) If the county surveyor determines that the proposed drain is practicable, the county surveyor shall, in the manner prescribed by sections 49 through 52 of this chapter, prepare plans and specifications and all things necessary for the construction of the drain. The board shall, in the manner prescribed by sections 49 through 52 of this chapter, prepare a schedule of benefits and damages, serve the schedule upon the owners of land benefited or damaged, and hold a hearing on the schedule. Objections to the proceedings may be filed only on the grounds that: (1) the objector is the owner of land damaged by the proposed drain and the board failed to so find or, if it did so, find, the damages awarded were insufficient; and(2) the objector is the owner of land found by the board to be benefited, and the benefits assessed are excessive. After the hearing, the board shall enter its order and findings in the manner prescribed by section 52 of this chapter.
(e) Any owner aggrieved by the final award of damages under subsection (d) may obtain judicial review under section 106 of this chapter. When the order of the board becomes conclusive, the board shall proceed to construct the drain in the manner prescribed by this chapter.Pre-Local Government Recodification Citation: 19-4-6-10.
Amended by P.L. 127-2017,SEC. 354, eff. 7/1/2017.As added by Acts1981 , P.L. 309, SEC.101.