reglab/housing_qa huggingface dataset:
IN Code § 36-9-27-39 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-39. Periodic Maintenance of Drains; Schedule of Assessments

Sec. 39. When the board receives a maintenance report under section 38 of this chapter, it shall prepare a schedule of assessments that includes the following items:(1) A description of each tract of land determined to be benefited, and the name and address of the owner, as listed on the county surveyor's report.(2) The percentage of the estimated cost of periodically maintaining the drain to be assessed against each tract of land. The percentage shall be based upon the benefit accruing to each tract of land from the maintenance, and must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.(3) The amount annually assessed against each tract of land for maintenance.The board may consider the factors listed in section 112 of this chapter in preparing the schedule.[Pre-Local Government Recodification Citation: 19-4-4-2.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-41 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-41. Periodic Maintenance of Drains; Combination of Drains for Assessment Purposes; Procedure

Sec. 41. (a) If recommended by the county surveyor, the board may, after notice and hearing to affected owners, combine regulated drains located in the same watershed for the purpose of annually assessing the owners benefited for periodic maintenance.(b) The notice shall be published in accordance with IC 5-3-1. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.(c) In combining drains, the board shall consider:(1) whether the drains are tiled or open; and(2) the uniformity of topography and soil types;so that the drains that are combined represent substantially the same maintenance problem and can be kept in proper repair at a cost sufficiently uniform as to constitute no substantial inequity for any owner included in the combination of drains.(d) The board may, from time to time, add regulated drains to a combination of drains established under this section.[Pre-Local Government Recodification Citation: 19-4-4-6.]As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.77.
IN Code § 36-9-27-42 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-42. Increases and Decreases in Assessments for Periodic Maintenance of Drains; Procedure

Sec. 42. (a) The board may at any time increase or decrease the amount annually assessed for periodic maintenance of a regulated drain if the board finds that the county surveyor's estimate of the cost of maintaining the drain was insufficient or excessive.(b) The board may decrease the amount annually assessed without notice to the affected owners if the percentage of benefit assigned to all tracts of land affected is not changed from that originally determined by the board.(c) The board may increase the amount annually assessed once without notice to the affected owners if:(1) the percentage of benefit assigned to all tracts of land affected is not changed from that originally determined by the board; and(2) the increase does not exceed twenty-five percent (25%) of the amount initially established.(d) If the board:(1) finds that the percentage of benefit assigned to any particular tract or tracts of land should be increased due to a change in land use or for any other reason; or(2) proposes an increase or decrease that would affect all of the lands assessed for the maintenance of the drain and that is not exempted from the giving of notice under subsection (b) or (c);the board shall mail a notice to the owner or owners of the land. The notice must state the proposed change in the assessment, and specify a date, time, and place, not less than ten (10) days after the notice is mailed, when the board will hear objections to the change. An owner may file written objections to the proposed change on or before the date of the hearing. At the hearing, the board shall consider all objections and evidence filed and shall enter an order as justice may require. The board shall mail a copy of its order to the owner or owners affected. If an owner does not request judicial review of the order under section 106 of this chapter within twenty (20) days after the owner's receipt of the copy of the order, the order becomes conclusive.(e) A joint board that includes three (3) or more counties in a drainage basin that exceeds one hundred thousand (100,000) acres shall publish notice in accordance with IC 5-3-1 instead of mailing notice to the owner or owners of land as required by subsection (d).[Pre-Local Government Recodification Citation: 19-4-4-8 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.25; P.L.370-1983, SEC.2; P.L.127-2017, SEC.337.
IN Code § 36-9-27-43 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-43. Omission of Annual Assessment

Sec. 43. (a) If in any year a maintenance fund established under section 44 of this chapter has an unencumbered balance equal to or greater than four (4) times the estimated annual cost of periodically maintaining the drain for which the fund was established, the annual assessment for the maintenance of that drain may be omitted for that year.(b) The county drainage board may collect the drain assessment even though the unencumbered balance of the maintenance fund is equal to or greater than four (4) times the estimated annual cost of periodic maintenance of the drain for which the fund was established if the drainage board does the following:(1) Conducts a public hearing in accordance with section 40 of this chapter.(2) At the public hearing estimates what the unencumbered balance of the maintenance fund would be, as a multiple of the estimated annual cost of periodic maintenance of the drain, after the collection of the total amount that the board intends to collect in assessments.However, the annual assessment for the maintenance of the drain shall be omitted if, according to the estimate of the board, the collection of the intended total amount of assessments would increase the unencumbered balance of the maintenance fund to equal or exceed eight (8) times the estimated annual cost of periodic maintenance of the drain for which the fund was established.[Pre-Local Government Recodification Citation: 19-4-4-8 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.13.
IN Code § 36-9-27-44 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-44. Establishment of Maintenance Funds for Drains

Sec. 44. (a) A maintenance fund is established for each regulated drain and for each combination of drains established under section 41 of this chapter. A maintenance fund consists of:(1) money received from annual assessments upon land benefited by the periodic maintenance of a drain;(2) penalties received on collection of delinquent annual assessments made for the periodic maintenance of a drain; and(3) money received from any person as compensation for damages suffered to a drain.(b) The county auditor shall:(1) set up a separate ledger account for each regulated drain or combination of drains whenever the board fixes an annual assessment for the periodic maintenance of the drain or combination; and(2) extend the assessments upon the ditch duplicate in each year that the assessments are to be made.(c) Whenever the county surveyor's estimate for annual maintenance of any drain is not more than one thousand five hundred dollars ($1,500), the board may exempt that drain from the requirement that a maintenance fund be established. Expenses up to one thousand five hundred dollars ($1,500) in each year for the drain shall be paid from the general drain improvement fund established under section 73 of this chapter. The surveyor may make these minor repairs without advertising or letting a contract or contracts, but the total of these expenditures in any one (1) county in each year may not exceed ten dollars ($10) per mile of regulated drains in the county. Expenditures under this subsection may not be assessed to the affected owners.(d) The board may deposit money that is in a maintenance fund in the manner and to the extent provided by IC 5-13-6.[Pre-Local Government Recodification Citation: 19-4-7-2.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.351-1985, SEC.1; P.L.19-1987, SEC.55.
IN Code § 36-9-27-45 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-45. Maintenance Funds for Drains; Use of Funds

Sec. 45. A maintenance fund established under section 44 of this chapter is subject to the use of the board for the necessary or proper repair, maintenance, study, or evaluation of the particular drain or combination of drains, which may be done whenever the board, upon the recommendation of the county surveyor, finds that it is necessary. The payment for all such maintenance work shall be made out of the appropriate maintenance fund. However, if:(1) a maintenance fund has not been established for the drain or combination of drains; or(2) a maintenance fund has been established but it is not sufficient to pay for the work;the general drain improvement fund shall be used to pay the cost of the work or to pay for the deficiency, and the general drain improvement fund shall be reimbursed from the appropriate maintenance fund when it is established or becomes sufficient.[Pre-Local Government Recodification Citation: 19-4-4-7.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.14.
IN Code § 36-9-27-45.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-45.5. Excess Drainage Maintenance Fund Balance; Transfer of Funds

Sec. 45.5. (a) This section applies when a county surveyor advises the drainage board that in the county surveyor's opinion a maintenance fund has a balance in excess of the amount reasonably needed in that fund for maintenance work in the foreseeable future.(b) The board may transfer an amount up to a maximum of seventy-five percent (75%) of the money in the maintenance fund to a reconstruction fund that covers the same watershed as the maintenance fund from which the money is transferred.As added by P.L.154-1993, SEC.6.
IN Code § 36-9-27-46 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-46. Obstruction of Drains; Repair Procedure

Sec. 46. (a) When a regulated drain is obstructed or damaged by logs, trees, brush, unauthorized structures, trash, debris, excavating, filling, or pasturing livestock, or in any other way, the county surveyor shall immediately remove the obstruction and repair any damage.(b) Notwithstanding subsection (a), if the obstruction or damage is caused by an owner of land affected by the drain, the county surveyor shall first mail a notice to the owner, with return receipt requested, requiring the owner to remove the obstruction and repair the damage. If the owner fails to comply within ten (10) days after receipt of the notice, the surveyor shall perform the work, and the cost of the work shall be paid out of the annual maintenance fund of the drain if one has been established, or, if no such fund has been established, out of the general drain improvement fund.(c) If the obstruction or damage has been caused by the acts or omissions of an owner of land affected by the drain, the board may, after a hearing with written notice served on the owner, add an amount sufficient to pay for the damage to the next annual assessment made against the land of the owner. The board shall certify the assessment to the county auditor in the same manner as any other assessment.(d) If the obstruction or damage is caused by the acts or omissions of a person other than the owner of land affected by the drain, the board may bring an action against that person in court. The board is entitled to recover the reasonable value of removing the obstruction and repairing the damage, plus a reasonable attorney's fee.[Pre-Local Government Recodification Citation: 19-4-6-2.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-47 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-47. Persons Entering Land Under Contract, Easement, or Statute; Damage to Drains; Repair Procedure

Sec. 47. (a) Whenever any person:(1) goes upon any land under any contract, easement, or statute; and(2) damages a regulated drain or impedes the flow of such a drain by placing pipe, cable, or other material over, under, or through the drain;the board shall serve upon the person an order requiring the person to immediately repair the damages and remove the obstruction.(b) If the person fails to comply with the order, the county surveyor shall repair the damage and remove the obstruction. The board may then bring an action against the person to recover damages, including the reasonable cost of repairing the damage and removing the obstruction, along with reasonable attorney's fees.[Pre-Local Government Recodification Citation: 19-4-6-3 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.338.
IN Code § 36-9-27-48 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-48. Construction or Reconstruction of Drains; Relocation of Public Utility Equipment; Procedure

Sec. 48. (a) Whenever, in the construction or reconstruction of a regulated drain, the county surveyor determines that:(1) the proposed drain will cross a pipeline, cable, or similar equipment of a public utility; and(2) the equipment will interfere with the proper operation of the drain;the county surveyor shall include in the county surveyor's plans the relocation requirements of the equipment. The county surveyor shall, by registered mail, send a copy of the requirements to the public utility owning the equipment.(b) If requested by the public utility, the county surveyor shall meet with the public utility at a time and place to be fixed by the county surveyor and hear objections to the requirements. After the hearing, the county surveyor may change the requirements as justice may require.(c) If the board finds that the relocation of a pipeline, cable, or similar equipment owned by a public utility is necessary in the construction or reconstruction of a regulated drain, the cost of relocation shall be paid by the public utility.[Pre-Local Government Recodification Citation: 19-4-6-3 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.339.
IN Code § 36-9-27-49 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-49. Reconstruction of Drains; County Surveyor's Report

Sec. 49. (a) When the board refers a regulated drain to the county surveyor for a reconstruction report, the county surveyor shall determine and set forth in the county surveyor's report the best and cheapest method of reconstructing the drain so that it will adequately drain all affected land.(b) The county surveyor shall make the necessary surveys, maps, profiles, plans, and specifications, and the county surveyor may include in them:(1) all of the repairs or changes specifically set forth in section 34(b) of this chapter; and(2) any other repairs or changes that good engineering practice requires, including arms where none existed before.(c) The county surveyor shall estimate the costs of the proposed reconstruction, including costs of notices and advertising, and the county surveyor shall also estimate the annual cost of periodically maintaining the proposed reconstruction.(d) The county surveyor shall include in the county surveyor's report the name and address of each owner of land that will be affected by the proposed reconstruction, 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.[Pre-Local Government Recodification Citation: 19-4-3-1.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.340.
IN Code § 36-9-27-50 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-50. Reconstruction of Drains; Preparation of Schedule of Assessments and Damages

Sec. 50. When the county surveyor files a reconstruction report, the county surveyor shall consult with the board, and the board shall take the following actions:(1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the reconstruction, and the name and address of the owner of the land. The name, address, and description shall be taken from the county surveyor's report. The board shall enter in the assessment schedule the percentage of the total cost of the reconstruction to be assessed against each tract of land, with the percentage to be based upon the benefit accruing to the land from the reconstruction. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.(2) Determine the amount of damages sustained by any owner as a result of the reconstruction, and prepare a schedule of damages containing:(A) the name and address of each owner determined to be damaged and a description of the owner's land, as shown by the county surveyor's report;(B) the amount of each owner's damages; and(C) an explanation of the injury upon which the determination was based.The county surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in the county surveyor's report, and the result constitutes the total estimated cost of the reconstruction.(3) Set forth the amount of each owner's assessment based on the total estimated cost of the reconstruction.(4) Set forth the amount of each owner's annual assessment based on the estimated periodic maintenance cost of the reconstruction. The percentage used in computing the annual assessment may, but need not be, the same for each tract of land as the percentage used in computing the general assessment.The board may consider the factors listed in section 112 of this chapter in preparing the schedules.[Pre-Local Government Recodification Citation: 19-4-3-2.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.341.
IN Code § 36-9-27-51 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-51. Reconstruction of Drains Necessitated by Changes in Land Use; Assessments

Sec. 51. Whenever it becomes necessary to reconstruct a regulated drain that has become inadequate due to an increased flow of drainage resulting, in whole or in part, from a change in land use by one (1) or more owners of land affected by the drain, the board shall consider that fact in assessing benefits to pay the cost of the reconstruction, and the owner or owners necessitating the reconstruction shall be assessed accordingly.[Pre-Local Government Recodification Citation: 19-4-6-9.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-52.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-52.5. Authorization for Reconstruction of Regulated Drain

Sec. 52.5. (a) If:(1) a proposed project for the reconstruction of a regulated drain is presented to the board for approval;(2) the proposed project consists exclusively of the relocation of a regulated drain from one (1) site on property owned by a person to another site on property owned by the same person;(3) the specifications for the project have been approved by the county surveyor;(4) the project will be completed under the supervision of the county surveyor;(5) the person who owns the property on which the regulated drain will be relocated will pay the entire cost of the project;(6) the county surveyor has investigated whether any other owner of land in the watershed in which the regulated drain is located will be adversely affected by the proposed project, and has communicated the results of the investigation to the board;(7) the board finds that no owner of land in the watershed in which the regulated drain is located will be adversely affected by the proposed project; and(8) the board, at a public meeting, votes to approve the proposed project;the board may issue an order authorizing the reconstruction of a regulated drain.(b) The board may issue an order authorizing the reconstruction of a regulated drain under subsection (a) without:(1) the preparation and filing of a reconstruction report under sections 49 and 50 of this chapter;(2) the preparation by the county surveyor of a schedule of damages and assessments under section 50 of this chapter; and(3) a hearing on the reconstruction report and the schedules of damages and assessments under section 52 of this chapter.As added by P.L.273-1995, SEC.3.
IN Code § 36-9-27-53 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-53. Reconstruction Proceedings; Combination of Drains; Procedure

Sec. 53. (a) Whenever:(1) the board has initiated, or is considering initiating, a proceeding to reconstruct a regulated drain under this chapter;(2) one (1) or more other regulated drains in the same watershed are in need of reconstruction;(3) the board finds that no substantial injustice would result from treating the drains as a single drain; and(4) the board has given notice and a hearing to the owners of affected land;the board may issue an order combining the drains.(b) The notice shall be published:(1) at least once; and(2) not less than ten (10) nor more than thirty (30) days before the date of the hearing;in a newspaper of general circulation in the area affected. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.(c) After an order is issued under this section, this chapter applies to the combined drains as if they were a single drain.[Pre-Local Government Recodification Citation: 19-4-3-7.]As added by Acts 1981, P.L.309, SEC.101.