reglab/housing_qa huggingface dataset:
IN Code § 36-9-27-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-24. Drains Located in Conservancy Districts; Jurisdiction

Sec. 24. (a) A regulated drain that is located within a conservancy district is not subject to this chapter if:(1) the drain has been designated for construction, reconstruction, or maintenance in the district plan of the conservancy district; and(2) the district plan was approved before January 1, 1966.However, if the drain has a direct or indirect outlet into any other drain that is subject to this chapter, the board shall assess the district for any benefits it receives from the construction, reconstruction, or maintenance of the other drain.(b) A court may not approve the district plan or an amendment to the district plan of a conservancy district if it includes the construction, reconstruction, or maintenance of a regulated drain in the district, unless written approval for the district to perform the work is filed with the court by the board or by the department of natural resources.(c) When a drain located in a conservancy district is not subject to this chapter, the district, with the approval of the court having jurisdiction over the district, may file a written request with the board for the board to assume jurisdiction over the drain. The drain becomes subject to this chapter when the request is filed.[Pre-Local Government Recodification Citation: 19-4-5-2 part.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-25 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-25. Drains Included in Flood Control Projects; Exemption From Chapter

Sec. 25. Whenever a regulated drain that is subject to this chapter is included in a flood control project approved by the department of natural resources, the drain ceases to be subject to this chapter. The construction, reconstruction, and maintenance of such a drain is the responsibility of the local agency that constructs and maintains the project.[Pre-Local Government Recodification Citation: 19-4-5-2 part.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-26. Drains Under Jurisdiction of Certain Drainage Maintenance and Repair Districts and Associations; Exemption From Chapter

Sec. 26. A drain that is under the jurisdiction of:(1) a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8; or(2) an association established under Acts 1913, c. 165;is not subject to annual assessments for periodic maintenance under this chapter, and the district or association is solely responsible for the maintenance of the drain. However, if the drain flows directly or indirectly into a regulated drain that is subject to this chapter, the board shall assess the land within the district or association for any benefits it receives from the construction, reconstruction, or maintenance of the regulated drain.[Pre-Local Government Recodification Citation: 19-4-5-6 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.88.
IN Code § 36-9-27-26.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-26.5. Change of Drain and Drainage Maintenance Jurisdiction; Transfer of Funds and Administration

Sec. 26.5. (a) A county executive may change a regulated drain that is subject to this chapter into a drain that is subject to the jurisdiction of a drainage maintenance and repair district under IC 14-27-8.(b) When a drain that is subject to assessments for periodic maintenance and repair under this chapter becomes subject to the jurisdiction of a drainage maintenance and repair district under IC 14-27-8, the county treasurer shall transfer all money in the drain's maintenance fund established under section 44 of this chapter to the drain's drainage maintenance fund established under IC 14-27-8-19.(c) The county executive shall establish procedures for the transition of a drain from administration under this chapter to administration under IC 14-27-8.As added by P.L.154-1993, SEC.5. Amended by P.L.1-1995, SEC.89; P.L.97-2004, SEC.132.
IN Code § 36-9-27-27 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-27. Dissolution of Certain Drainage Maintenance and Repair Districts; Procedure

Sec. 27. (a) A written statement alleging that a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8 is not active and is not properly maintaining the drains under its control may be filed with the board by:(1) the owners of fifty-one percent (51%) in area of the land located in the district; or(2) fifty-one percent (51%) of the owners of land located in the district.When the statement is filed, the board may file with the court that established the district a complaint that sets forth the allegations in the statement and requests the court to dissolve the district.(b) The drainage maintenance and repair district shall be named defendant in the action, and a summons shall be served:(1) on any commissioner of the district; or(2) on the district by publication if a commissioner cannot be found.The issues shall be considered closed by a general denial, without the filing on any specific pleadings.(c) The court shall hear the action without a jury. A change of venue from the county may not be granted.(d) If the court finds that the allegations in the complaint are true, it shall dissolve the district. All the drains formerly under the jurisdiction of the district become regulated drains subject to this chapter when the district is dissolved.[Pre-Local Government Recodification Citation: 19-4-5-6 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.90.
IN Code § 36-9-27-28 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-28. Drains Maintained by Certain Associations; Assumption of Jurisdiction by Board; Procedure

Sec. 28. (a) A written statement alleging that an association established under Acts 1913, c. 165 for the purpose of maintaining and repairing a drain is not active and is not properly maintaining the drain may be filed with the board by:(1) members of the association who own fifty-one percent (51%) in area of the land within the jurisdiction of the association; or(2) fifty-one percent (51%) of the members of the association.When the statement is filed, the board may notify the association of its intention to declare the drain to be subject to this chapter.(b) The notice must fix a date, time, and place for a hearing on the matter, and shall be:(1) served personally or by registered mail upon any director or officer of the association who did not sign the statement filed with the board; or(2) published in accordance with IC 5-3-1, if such a director or officer cannot be found.(c) On or before the date of the hearing, any member of the association may file written evidence with the board.(d) If the board finds that the allegations in the statement are true, it shall issue an order declaring the drain to be a regulated drain that is subject to this chapter. The finding and order shall be marked filed and shall be announced publicly at the hearing. The board shall then publish a notice setting forth its order in accordance with IC 5-3-1. Judicial review of the order under section 106 of this chapter may be requested by any member of the association within twenty (20) days after publication of the notice. The drain becomes subject to this chapter when the order becomes final and conclusive.(e) If the board finds that the allegations in the statement are not true, it shall dismiss the proceedings.[Pre-Local Government Recodification Citation: 19-4-5-6 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.74.
IN Code § 36-9-27-29 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-29. County Surveyors; Powers and Duties

Sec. 29. The county surveyor is the technical authority on the construction, reconstruction, and maintenance of all regulated drains or proposed regulated drains in the county, and the county surveyor shall:(1) investigate, evaluate, and survey all regulated drains or proposed regulated drains, and prepare all reports, plans, profiles, and specifications necessary or incident to any proposed construction, reconstruction, or maintenance of regulated drains;(2) prepare and make public standards of design, construction, and maintenance that will apply to all regulated drains and their appurtenances, taking into consideration in preparing these standards the published recommendations made by Purdue University, the American Society of Agricultural Engineers, the American Society of Civil Engineers, the United States Department of Agriculture, the department of natural resources, the United States Army Corps of Engineers, and other reliable sources of information;(3) supervise all construction, reconstruction, and maintenance work performed under this chapter;(4) catalog and maintain a record of all surveying notes, plans, profiles, and specifications of all regulated drains in the county, and of all mutual and private drains when available; and(5) perform the functions set forth in sections 67 through 69 of this chapter concerning all urban drains under the county surveyor's jurisdiction.In preparing plans under subdivision (1), the county surveyor shall, when feasible, include the seeding of the banks of all open drains. The surveyor shall, when feasible, use United States Geological Survey data on plans and profiles prepared under subdivision (1).[Pre-Local Government Recodification Citation: 19-4-1-9.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.5; P.L.127-2017, SEC.333.
IN Code § 36-9-27-30 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-30. Qualified Deputies; Appointment; Duties; Compensation

Sec. 30. (a) Whenever the county surveyor is not registered under IC 25-21.5 or IC 25-31 and that statute prohibits an unregistered person from performing any function that the county surveyor is directed to do under this chapter, the surveyor shall employ and fix the compensation of a person who is a professional engineer or professional surveyor in performing those functions. However, if the county surveyor does not employ a registered person within one (1) year of the acceptance of a petition for construction or reconstruction of a drain, the board may make the appointment of a registered person that this section requires.(b) The person employed by the county surveyor, who shall be known as a qualified deputy, shall file with the county surveyor the original of all plans, specifications, and other documents made by the person in performing the work for which the person was employed. Those plans, specifications, and other documents become a part of the permanent file of the county surveyor's office, which the county surveyor shall maintain for the use of the board as provided in section 109 of this chapter.(c) The rate of compensation paid to a qualified deputy shall be assessed against the drainage project for which the deputy was employed.(d) This subsection applies whenever the county surveyor is not registered under IC 25-21.5 or IC 25-31, and the county surveyor has not employed a registered person as provided in subsection (a). If the county has a full-time employee who is registered as a professional surveyor under IC 25-21.5 or as a professional engineer under IC 25-31, the board may, subject to the approval of the county executive and the county surveyor, designate that person to perform the functions of the county surveyor under this chapter that are allowed under the employee's license as a professional surveyor or professional engineer. If a designation is made and approved under this subsection, the county surveyor may not employ a registered person under subsection (a) to perform that same function.[Pre-Local Government Recodification Citation: 19-4-1-6 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.1; P.L.76-1989, SEC.5; P.L.2-1997, SEC.84; P.L.2-1998, SEC.88; P.L.241-1999, SEC.4; P.L.57-2013, SEC.101.
IN Code § 36-9-27-31 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-31. Counties Without Elected Surveyors; Employment of Engineers or Surveyors by Board

Sec. 31. If for any reason there is no elected county surveyor in any county, the board shall employ and fix the compensation of a part-time or full-time engineer or surveyor. The engineer or surveyor, who must be registered under IC 25-21.5 or IC 25-31 and must be or become a resident of Indiana, shall perform the functions required of the county surveyor in this chapter.[Pre-Local Government Recodification Citation: 19-4-1-6 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.2-1997, SEC.85.
IN Code § 36-9-27-32 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-32. Contract Deputies; Appointment; Powers and Duties; Compensation

Sec. 32. (a) Whenever the board finds that it is necessary to advance the work of construction or of reconstruction, as determined from the long-range plan established under section 36 of this chapter, to a degree inconsistent with the work load of the county surveyor, the board shall publicly declare an emergency and shall authorize the employment of an engineer, firm of engineers, or professional surveyor as a contract deputy to perform the necessary work, including:(1) the preparation of the county surveyor's report or specified parts of it; and(2) the supervision of the construction or reconstruction.(b) A contract deputy shall be employed by contract. Each contract must be for work on a specific drainage project, and may be on a per project fee basis or on a per diem basis of compensation.(c) A contract deputy must have the same qualifications as an engineer or professional surveyor employed or appointed by the board under section 30 or 31 of this chapter.(d) The original of all plans, specifications, and other documents made by a contract deputy in performing the work for which the contract deputy was employed, or facsimiles of them in reproducible form, shall be transmitted to the board and shall be permanently retained by the board or by the county surveyor in the manner in which similar documents prepared by the county surveyor or the board are retained.(e) The compensation of a contract deputy shall be assessed against the drainage project for which the deputy was employed, and may be paid from the general drain improvement fund before the order for the construction or reconstruction.[Pre-Local Government Recodification Citation: 19-4-1-6 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.2; P.L.57-2013, SEC.102.
IN Code § 36-9-27-34 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-34. Classification of Drains by County Surveyor

Sec. 34. (a) The county surveyor shall classify all regulated drains in the county as:(1) drains in need of reconstruction;(2) drains in need of periodic maintenance; or(3) drains that should be vacated.The surveyor shall also consider the designation of urban drains under section 67 of this chapter.(b) A regulated drain is in need of reconstruction when:(1) it will not perform the function for which it was designed and constructed;(2) it no longer conforms to the maps, profiles, and plans prepared at the time when the legal drain was established; or(3) topographical or other changes have made the drain inadequate to properly drain the lands affected without extensive repairs or changes, including:(A) converting all or part of an open drain to a tiled drain or a tiled drain to an open drain;(B) adding an open drain to a tiled drain or a tiled drain to an open drain;(C) increasing the size of the tile;(D) deepening or widening an open drain;(E) extending the length of a drain;(F) changing the course of a drain;(G) constructing drainage detention basins and drainage control dams;(H) providing for erosion control and for grade stabilization structures; or(I) making any major change to a drainage system that would be of public utility.(c) A regulated drain is in need of periodic maintenance when, with or without the use of mechanical equipment, it can be made to perform the function for which it was designed and constructed, and to properly drain all affected land under current conditions, by periodically:(1) cleaning it;(2) spraying it;(3) removing obstructions from it; and(4) making minor repairs to it.(d) A regulated drain should be vacated when:(1) the drain does not perform the function for which it was designed and constructed, or it has become inadequate to properly drain all affected land under current conditions;(2) the expense of reconstruction outweighs the benefits of reconstruction; and(3) the vacation will not be detrimental to the public welfare.[Pre-Local Government Recodification Citation: 19-4-1-10 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.6.
IN Code § 36-9-27-35 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-35. Submission of Classifications and Order of Work Priority of Drains to Board; Notice and Hearing on Classification and Reclassification Requests

Sec. 35. (a) The county surveyor shall submit to the board a written report setting forth the county surveyor's classification of regulated drains in order of priority for action by the board. This report may be made from time to time during the county surveyor's process of classification.(b) The board may adopt the classifications and order of work priority as made by the county surveyor, or may modify them.(c) If ten percent (10%) of the owners' request the board to classify or reclassify a drain affecting their land, the board shall, after giving notice to all affected owners, conduct a hearing on the request and adopt a proper classification. The notice shall be given by publication in accordance with IC 5-3-1. Notice shall be given to an attorney of record in the manner provided in section 110 of this chapter.[Pre-Local Government Recodification Citation: 19-4-1-10 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.75; P.L.127-2017, SEC.334.
IN Code § 36-9-27-36 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-36. Long Range Plan for Reconstruction, Maintenance, and Vacation of Drains; Requests for Advancement

Sec. 36. (a) When the classification of drains, or a partial classification of drains, has been adopted by the board, the county surveyor shall prepare a long-range plan for:(1) the reconstruction of regulated drains classified as in need of reconstruction;(2) the establishment of an annual maintenance assessment for regulated drains classified as in need of periodic maintenance; and(3) the vacating of regulated drains classified as drains that should be vacated.The plan must set forth the approximate date each drain will be referred to the surveyor for report, taking into consideration the work load of the surveyor and the estimation by the surveyor of the time it will take to prepare each report.(b) The long-range plan is subject to approval by the board, may be amended by the board at any time, and shall be reconsidered and brought up to date before June 1 of each year.(c) The board shall refer each regulated drain to the county surveyor for a report in accordance with the long-range plan. If no long-range plan has been adopted by the board, and if the surveyor has classified only part of the regulated drains, the board may refer the regulated drains that have been classified to the surveyor for a report in the order of priority set forth in the partial classification.(d) Ten percent (10%) of the owners of land affected by a regulated drain that has been classified as a drain that:(1) is in need of reconstruction;(2) is in need of periodic maintenance; or(3) should be vacated;may file with the board a written request that the board advance the proposed date when the drain will be referred to the county surveyor for report. Upon receipt of such a request, the board shall set the request for hearing at its next regular meeting and shall promptly mail notice of the time, date, and place of the hearing to the owners making the request. At the meeting any affected owner or the surveyor may present evidence for or against the request. After the hearing, the board may advance the date the drain will be referred to the surveyor if it is practicable to do so.[Pre-Local Government Recodification Citation: 19-4-1-10 part.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-37 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-37. Vacation of Drains; Procedure; Appeals

Sec. 37. (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 Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.4.
IN Code § 36-9-27-38 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-38. Periodic Maintenance of Drains; County Surveyor's Report

Sec. 38. When the board refers a regulated drain classified in need of periodic maintenance to the county surveyor, the county surveyor shall prepare a maintenance report that includes the following items:(1) The estimated annual cost of periodically maintaining the drain.(2) The name and address of each owner of land that will be affected by the proposed maintenance, and the legal description of the land of each owner, as shown by the tax duplicate or record of transfers of the county in which the land is located. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. If the name of an owner is not known, and cannot be discovered through diligent inquiry, the report may describe the land as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfers of the county where the land is located.(3) The nature of the maintenance work required and how frequently the work should be performed.[Pre-Local Government Recodification Citation: 19-4-4-1.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.335.