reglab/housing_qa huggingface dataset:
IN Code § 36-9-27-108 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-108. Judicial Review; Stay of Proceedings Ordered by Board

Sec. 108. (a) Whenever:(1) a petition for judicial review of a board's final order for construction, reconstruction, or maintenance of a drain is filed in the circuit or superior court; and(2) the petition presents an issue or issues that may not be heard de novo by the court;all work under the order shall be stayed pending final disposition of the issue or issues by the court, or, if an appeal is taken, then until the issue or issues are finally decided by the supreme court or the court of appeals.(b) Whenever issues that shall be heard de novo are pending in the circuit or superior court, or on appeal, work under the order may not be stayed by the court. However, the board may, by resolution, stay all or any part of the work until the issues presented by the judicial review are finally decided or until the board revokes its resolution.[Pre-Local Government Recodification Citation: 19-4-8-6.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.3-1989, SEC.232.
IN Code § 36-9-27-109 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-109. Judicial Review; Evidence; Filing Requirements

Sec. 109. (a) All petitions, evidence, requests, and other documents required to be filed with the board under this chapter, including all material and documents of every kind prepared by the county surveyor or on the surveyor's behalf, shall be filed in the office of the surveyor, who shall receive them for the board. The surveyor shall:(1) mark each document filed, showing the date it was received; and(2) record the fact of filing, designating the nature of the document and by whom it was filed, in a journal maintained for that purpose.(b) The county surveyor shall maintain the documents described in subsection (a) in permanent files under the name of each regulated drain in the county. These copies shall be made available to the trial court, the supreme court, or the court of appeals in any proceedings pending under sections 106, 107, and 108 of this chapter.(c) The county surveyor shall maintain a copy of each document described in subsection (a) for the use of the board.(d) Whenever this chapter permits the filing of written evidence with the board, that evidence shall be subscribed to under oath by the person or persons having knowledge of the facts contained in the evidence.[Pre-Local Government Recodification Citation: 19-4-1-8.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.12; P.L.3-1989, SEC.233.
IN Code § 36-9-27-110 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-110. Notice and Service; Requirements

Sec. 110. (a) Whenever this chapter provides for the mailing of a notice to owners of affected land, the notice shall be addressed to the owner at the owner's home address as last entered by the county auditor for property tax purposes. If the owner is a railroad company or utility and is not assessed for taxes locally, the notice shall be addressed to the department of local government finance for forwarding to the railroad company or utility. If the owner is a unit or a school corporation, the notice shall be addressed to the persons authorized by law to accept service of process in civil actions on behalf of that owner. If the owner is the state, copies of the notice shall be addressed to the department or agency, if any, charged by law with the maintenance, supervision, or control over the state owned land that is affected.(b) Whenever sections 54 through 65 of this chapter provide for the service of any document upon the attorney for a petitioner, the service shall be made by personally handing the document to the attorney, by leaving the document at the attorney's address, or by mailing the document to the address of the attorney as set forth in the petition.[Pre-Local Government Recodification Citation: 19-4-1-12 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.180-1995, SEC.8; P.L.90-2002, SEC.514.
IN Code § 36-9-27-111 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-111. Time for Filing Documents; Extensions

Sec. 111. Whenever the last day for filing any document under this chapter falls on a legal holiday, the time for the filing shall be extended to the next day that is not a legal holiday.[Pre-Local Government Recodification Citation: 19-4-1-12 part.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-112 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-112. Determination of Benefits and Damages by Board; Factors Considered

Sec. 112. (a) In determining benefits to land under sections 39, 50, and 62 of this chapter, the board may consider:(1) the watershed affected by the drain to be constructed, reconstructed, or maintained;(2) the number of acres in each tract;(3) the total volume of water draining into or through the drain to be constructed, reconstructed, or maintained, and the amount of water contributed by each land owner;(4) the land use;(5) the increased value accruing to each tract of land from the construction, reconstruction, or maintenance;(6) whether the various tracts are adjacent, upland, upstream, or downstream in relation to the main trunk of the drain;(7) elimination or reduction of damage from floods;(8) the soil type; and(9) any other factors affecting the construction, reconstruction, or maintenance.(b) In determining benefits or damages to land under sections 39, 50, and 62 of this chapter, the board may examine aerial photographs and topographical or other maps, and may adjourn the hearing to the site of the construction, reconstruction, or maintenance in order to personally view the affected land.(c) In determining percentages of benefit under sections 39, 50, and 62 of this chapter, the board may consider the percentage of the total cost that was assessed to each tract in the initial construction or in any reconstruction of the drain. However, that percentage is not binding on the board in its current determination, and the board may vary from it as justice requires.[Pre-Local Government Recodification Citation: 19-4-1-13.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-113 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-113. Investment of Funds; Consolidation; Credit of Interest Earned

Sec. 113. (a) For the purpose of investment, the county treasurer may consolidate part or all of the money in any fund established under this chapter with the money in any other fund established under this chapter or other money held by the county treasurer.(b) Unless the invested money is from a maintenance fund established under section 44 of this chapter, the county treasurer shall credit interest from an investment of a fund created under this chapter to that fund.(c) The county treasurer may credit interest earned from an investment of a maintenance fund established under section 44 of this chapter into the general drainage improvement fund established under section 73 of this chapter.(d) Within an account, the county treasurer may credit interest to particular drainage accounts in any fair and rational manner.As added by P.L.206-1984, SEC.13.
IN Code § 36-9-27-114 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-114. Drainage Board Fees in Certain Counties for Certain Storm Water Activities

Sec. 114. (a) This section applies to a county that:(1) receives notification from the department of environmental management that the county will be subject to regulation under 327 IAC 15-13; and(2) has not adopted an ordinance to adopt the provisions of IC 8-1.5-5.(b) As used in this section, "storm water improvements" means storm sewers, drains, storm water retention or detention structures, dams, or any other improvements used for the collection, treatment, and disposal of storm water.(c) The drainage board of a county may establish fees for services provided by the board to address issues of storm water quality and quantity, including the costs of constructing, maintaining, operating, and equipping storm water improvements.(d) Fees established under this chapter after a public hearing with notice given under IC 5-3-1 are presumed to be just and equitable.(e) The fees are payable by the owner of each lot, parcel of real property, or building that uses or is served by storm water improvements that address storm water quality and quantity. Unless the board finds otherwise, the storm water improvements are considered to benefit every lot, parcel of real property, or building that uses or is served by the storm water improvements, and the fees shall be billed and collected accordingly.(f) The board shall use one (1) or more of the following factors to establish the fees:(1) A flat charge for each lot, parcel of property, or building.(2) The amount of impervious surface on the property.(3) The number and size of storm water outlets on the property.(4) The amount, strength, or character of storm water discharged.(5) The existence of improvements on the property that address storm water quality and quantity issues.(6) The degree to which storm water discharged from the property affects water quality in the district.(7) Any other factors the board considers necessary.(g) The board may exercise reasonable discretion in adopting different schedules of fees, or making classifications in schedules of fees, based on:(1) variations in the costs, including capital expenditures, of addressing storm water quality and quantity for various classes of users or for various locations;(2) variations in the number of users in various locations; and(3) whether the property is used primarily for residential, commercial, or agricultural purposes.As added by P.L.282-2003, SEC.40.
IN Code § 36-9-27.4-1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-1. "Drain" Defined

Sec. 1. As used in this chapter, "drain" refers to a mutual drain (as defined in IC 36-9-27-2).As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-2 (2021)
2021 Indiana Code|Title 36. Local Government|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

Sec. 2. As used in this chapter, "drainage board" means the following:(1) Except as provided in subdivision (2):(A) the county board of commissioners, as provided in IC 36-9-27-5(a)(1); or(B) the drainage board appointed by the board of commissioners under IC 36-9-27-5(a)(2).(2) In a county having a consolidated city, the board of public works of the consolidated city, as provided in IC 36-9-27-5(b).As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-3. "Natural Surface Watercourse" Defined

Sec. 3. As used in this chapter, "natural surface watercourse" means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarily flows in a definable direction and channel.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.17.
IN Code § 36-9-27.4-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-4. "Obstruction" Defined

Sec. 4. (a) As used in this chapter, "obstruction" means a condition that:(1) exists within or near a drain; and(2) prevents or significantly impedes the flow of water through the drain.(b) The term includes the following:(1) The presence of:(A) one (1) or more objects inside or near a drain;(B) a quantity of materials inside or near a drain; or(C) damage to a drain;that prevents or significantly impedes the flow of water through the drain.(2) Obstructions that:(A) are created intentionally; and(B) occur naturally or are created unintentionally.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-5. "Owner" Defined

Sec. 5. As used in this chapter, "owner" means a person who holds a possessory legal interest in land.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-6. "Person" Defined

Sec. 6. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or any other legal entity.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-7. "Respondent" Defined

Sec. 7. As used in this chapter, "respondent" means an owner of the tract of land that is the subject of a petition seeking the removal of an obstruction under this chapter.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-8. "Tract" Defined

Sec. 8. As used in this chapter, "tract" means an area of land that is:(1) under common fee simple ownership;(2) contained within a continuous border; and(3) a separately identified parcel for property tax purposes.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-9. Petition for Removal of Obstruction

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.
IN Code § 36-9-27.4-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-10. Required Contents of Petition

Sec. 10. A petition filed by a person described in section 9(1) of this chapter must include the following:(1) A general description of the tract of land owned by the petitioner.(2) A general explanation of the need for the removal of the obstruction.(3) A general description of the site of the obstruction.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-11. Filing Fee

Sec. 11. The drainage board may require, as a condition of filing a petition under this chapter, the payment of a filing fee. The drainage board may not set the filing fee at an amount greater than is reasonably necessary to defray the expenses incurred by the board in processing a petition.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-12. Investigation by County Surveyor; Duties of Drainage Board After Receiving Report of Obstruction

Sec. 12. (a) If a petition filed under this chapter alleges the obstruction of:(1) a drain; or(2) a natural surface watercourse;the county surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists.(b) If the county surveyor, upon investigation, finds an existing obstruction in a drain or natural surface watercourse in the location alleged in the petition, the county surveyor shall report the existence of the obstruction to the drainage board.(c) Upon receiving a report from the county surveyor under subsection (b), the drainage board shall:(1) set a date for a hearing on the petition; and(2) serve notice of the hearing on each owner of the land on which the obstruction exists who can be identified in the records of the county recorder.(d) The hearing must be held at least thirty (30) days but less than ninety (90) days after the date of the filing of the petition.(e) Notice of a hearing must be mailed to each respondent with return receipt requested.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.18.
IN Code § 36-9-27.4-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-13. Postponement and Rescheduling of Hearing

Sec. 13. Before or on the date of a hearing held under this chapter, the drainage board may postpone and reschedule the hearing if:(1) it appears that a respondent has not been served with notice; or(2) the interests of fairness otherwise compel a postponement.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-14. Findings of Board

Sec. 14. (a) If, after a hearing held under this chapter, the drainage board finds that:(1) the obstruction of a drain or a natural surface watercourse that is alleged in the petition exists; and(2) the removal of the obstruction will:(A) promote better drainage of the petitioner's land; and(B) not cause unreasonable damage to the land of the respondents;the drainage board shall find for the petitioner.(b) If, after a hearing held under this chapter, the drainage board is unable to make the findings described in subsection (a), the drainage board shall deny the petition.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-15. Drainage Board Determining Whether Obstruction Created Intentionally

Sec. 15. If the drainage board finds for the petitioner under section 14(a) of this chapter, the board shall determine, based upon a preponderance of the evidence, whether the obstruction of the drain or natural surface watercourse was created intentionally by any of the respondents.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-16. Duty of Board Upon Finding of Intentional Obstruction

Sec. 16. (a) If the drainage board finds:(1) for the petitioner under section 14(a) of this chapter; and(2) under section 15 of this chapter that the obstruction of the drain or natural surface watercourse was created intentionally by at least one (1) of the respondents;the drainage board shall enter an order directing the respondents to remove the obstruction at their own expense, or directing the county surveyor to remove the obstruction at the expense of the respondents.(b) A respondent against whom an order is entered under subsection (a) is subject to an action under section 22 of this chapter if the respondent fails to pay the amount for which the respondent is responsible under the order.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-17. Duty of Board Upon Finding of Unintentional Obstruction

Sec. 17. If the drainage board:(1) finds for the petitioner under section 14(a) of this chapter; and(2) does not find under section 15 of this chapter that the obstruction of the drain or a natural surface watercourse was created intentionally by any of the respondents;the drainage board shall enter an order under section 18 or 19 of this chapter concerning the removal of the obstruction.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
IN Code § 36-9-27.4-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses|36-9-27.4-18. Additional Duties of Board; Natural Surface Watercourses

Sec. 18. (a) If:(1) a petition filed under this chapter concerns a natural surface watercourse; and(2) the drainage board:(A) finds for the petitioner under section 14(a) of this chapter; and(B) does not find under section 15 of this chapter that the obstruction of the natural surface watercourse was created intentionally by any of the respondents;the drainage board shall enter an order under subsection (b).(b) Upon a determination made under subsection (a), the drainage board shall enter an order:(1) authorizing the petitioner to remove the obstruction; or(2) directing the county surveyor to remove the obstruction at the expense of the petitioner.(c) The drainage board shall consult with the:(1) petitioner;(2) respondents; and(3) county surveyor;before deciding whether to enter an order under subsection (b)(1) or (b)(2).(d) If the drainage board enters an order under subsection (b), the order may require the petitioner to bear the expenses of removing the obstruction, including the monetary value of the harm and inconvenience that the respondents will incur as a result of the removal of the obstruction.As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.