reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-84. Contracts; Apportionment of Costs to Lands Benefited

Sec. 84. (a) After letting a contract for the construction, reconstruction, or maintenance of a drain, the board shall determine the full cost of the construction, reconstruction, or maintenance, including the contract price, incidental expenses, damages, interest on any bonds issued under section 94 of this chapter, and attorney's fees, if any. The board shall then apportion this cost to the tracts of land assessed in proportion to the benefit percentage previously assigned to each tract. If the contract is for work on an urban drain, the board shall also designate each tract that is assessed as rural land or urban land.
(b) When determining and apportioning the full cost of construction or reconstruction under this section, the board may include for contingencies a reasonable sum not in excess of ten percent (10%) of the full cost.
(c) An improved or unimproved lot or tract of land that is benefited by the construction, reconstruction, or maintenance of a regulated drain shall be assessed each year for that construction, reconstruction, or maintenance in an amount fixed by the board.
[Pre-Local Government Recodification Citations: 19-4-6-11; 19-4-7-9; 19-4-7-21 part; 19-4-10-5 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.29; P.L.206-1984, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-85. Certification of Assessments to County Auditor; Disposition of Unexpended Funds

Sec. 85. (a) The board shall certify the list of assessments apportioned under section 84 of this chapter to the auditor of each county in which there are lands to be assessed.
(b) Whenever the order of the board establishing an annual assessment for periodic maintenance becomes final, the board shall certify that annual assessment to the auditor of each county in which there are lands to be assessed. The annual assessment shall be collected each year until changed or terminated by the board.
(c) The county auditor shall extend assessments for construction and reconstruction upon a book to be known as the ditch duplicate, for the full period of payment allowed for all assessments for construction and reconstruction, with interest at ten percent (10%) per year upon all payments deferred beyond one (1) year from the date that the certification is made. However, the county auditor may not charge interest under this section on assessments for construction or reconstruction financed through:
(1) a bond issue under section 94 of this chapter; or
(2) a construction loan obtained under section 97.5 of this chapter.
(d) Whenever any sum is certified under this section and is not expended within two (2) years after payment of the most recently allowed claim for work on a drain, the county auditor, with the approval of the board, shall promptly transfer the unexpended sum to the periodic maintenance fund for that drain. If there is no periodic maintenance fund for the drain, the unexpended sum may be transferred to the general drain improvement fund or funds of the county or counties affected by the drain, in proportion to the original apportionment and certification of costs for the drain.
[Pre-Local Government Recodification Citations: 19-4-7-10; 19-4-7-21 part; 19-4-10-5 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.30; P.L.255-2017, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-87. Persons or Associations Owning Multiple Properties; Single Assessment Bill

Sec. 87. If one (1) person or association owns two (2) or more separate pieces of property subject to assessment under this chapter, the board may issue one (1) itemized bill. The assessment must clearly show the pieces of property being assessed, the assessment for each piece of property, and the total assessment.
[Pre-Local Government Recodification Citation: 19-4-6-11.5.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-88. Assessments; Due Date; Installment Payments

Sec. 88. All final assessments, other than annual assessments for periodic maintenance, are due and may be paid upon the date of certification of the final assessment to the county auditor, except that:
(1) the owners liable for the payment of the assessments may elect to pay them in equal installments of at least fifty dollars ($50) per year, plus interest on the deferred payments, over a period of not more than five (5) years, with the yearly payments to be made semiannually at the time general taxes are payable; and
(2) when the board designates land as urban land in its certification of the list of assessments, the owners liable for the payment of assessments on the urban land may elect to pay them in equal installments of at least one hundred dollars ($100) per year, plus interest on the deferred payments, over a period of not more than twenty (20) years, with the yearly payments to be made semiannually at the time general taxes are payable.
[Pre-Local Government Recodification Citation: 19-4-7-12.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-89. Ditch Assessment Liens; Attachment; Termination

Sec. 89. (a) The lien of a ditch assessment attaches to the land assessed on the date of certification of the final assessment to the county auditor, and is inferior only to tax liens.
(b) The lien of a ditch assessment terminates on the date it is paid in full or on the last day of the fifth year after the last payment became due.
[Pre-Local Government Recodification Citation: 19-4-7-13.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-90. Delinquent Assessments on Lands Owned by Municipal Corporations

Sec. 90. When any ditch assessment against land owned by a municipal corporation becomes delinquent, the county auditor shall:
(1) certify the amount of the delinquency to the state board of accounts and to the person who receives semiannual distribution of taxes on behalf of the municipal corporation; and
(2) withhold the amount from the municipal corporation at the next semiannual distribution of taxes collected.
The amount withheld by the auditor shall be credited to the appropriate drainage fund.
[Pre-Local Government Recodification Citation: 19-4-7-14.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-91. Assessments; Deficiencies Resulting From Increases in Damages or Decreases in Assessments

Sec. 91. (a) This section applies whenever:
(1) a court or jury acting under section 107 of this chapter:
(A) increases an award of damages; or
(B) decreases an assessment of benefits;
that was made by the board for the construction or reconstruction of a drain; and
(2) as a result of the increase or decrease, the assessments collected are not sufficient to fully repay the general drain improvement fund for money advanced to pay for the construction or reconstruction.
(b) The deficiency shall be transferred to the general drain improvement fund from the maintenance fund established for the drain by the board. However, the board may not order the transfer in amounts or at times that will result in the annual maintenance fund's being insufficient to pay the costs of periodically maintaining the drain.
[Pre-Local Government Recodification Citation: 19-4-7-20.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-94. Bonds; Authorization; Procedure; Terms

Sec. 94. (a) Whenever the board determines by resolution spread upon its minutes that the cost of constructing or reconstructing a particular drain is in excess of that amount that the owners of land to be assessed may conveniently pay in installments over a five (5) year period, it shall authorize the sale of bonds to finance the construction or reconstruction.
(b) Whenever the board resolves to sell bonds, it shall determine:
(1) the amount of money that must be raised;
(2) the period over which the money shall be repaid; and
(3) the date the first series of bonds will mature as to principal and the date the first payment of interest will be made, which shall be fixed so that money will be available to meet the interest payments and to retire the first series of bonds as they become due.
(c) The bonds may be issued in denominations of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and shall be numbered in consecutive order beginning with those first maturing. Interest on the bonds is payable semiannually.
(d) The bonds shall be sold at public offering in the manner provided by statute. However, if the total issue of bonds does not exceed ten thousand dollars ($10,000) the board may sell the bonds at private sale to any individual, corporation, financial institution, or bank in Indiana at the best rate of interest for which the board may bargain. If the bonds are sold to one (1) purchaser, the form of the bonds may be in a single installment note. Acceleration of the balance of such a note in the event of partial default is not permitted, but all remedies of a bond creditor remain as to the partial default.
(e) All bonds or installment notes must provide that they may be called by the board for refunding or for prepayment without penalty. If the bonds are called for prepayment, interest ceases to run on them upon the date stated for presentment in the call as to those persons actually receiving notice of the call by registered mail as shown by the return receipt, whether their bonds are presented for payment or not. If the bonds are called for refunding, interest continues to run from the date stated for presentment in the call whether actually presented or not, at the rate provided for with respect to the refunding issue.
[Pre-Local Government Recodification Citations: 19-4-7-15; 19-4-7-17 part; 19-4-7-18.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-94.1. Repealed

[Pre-Local Government Recodification Citation: 19-4-7-17 part.]
As added by Acts 1981, P.L.309, SEC.101. Repealed by Acts 1981, P.L.317, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-95. Fees for the Sale of Bonds

Sec. 95. Neither a member of the board, the county surveyor, nor any other officer may receive any fees for the sale of bonds to finance the construction or reconstruction of a drain. However, the attorney for the board is not required to perform services under a general retainer in preparation for the sale of the bonds, and may contract separately for those services with the board.
[Pre-Local Government Recodification Citation: 19-4-7-19.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-96. Bonds; Limited Obligation; Collection of Delinquencies

Sec. 96. (a) Bonds issued to finance the construction or reconstruction of a drain are not the general obligation of the county, the board, or any person. The bonds are a lien only upon the land assessed for benefits for the construction or reconstruction in the ratio of the assessment.
(b) If bonds issued under this chapter become in default, the officers responsible for the collection of delinquent taxes shall take the steps provided by law to collect all delinquencies, and for that purpose the officers shall cooperate with any bond holder or committee of bond holders and shall pursue any remedies available for the collection of the delinquent assessments.
[Pre-Local Government Recodification Citation: 19-4-7-16.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-97. Bond Redemption Fund; Establishment; Composition

Sec. 97. (a) A bond redemption fund is established for each construction or reconstruction project for which the board authorizes the sale of bonds. The fund consists of all assessments paid by the owners assessed as benefited by the construction or reconstruction, and may be used only to redeem:
(1) the bonds issued to finance the construction or reconstruction; or
(2) any installment note given in lieu of bonds.
(b) The county auditor shall maintain a separate ledger sheet for all assessments to be received into each bond redemption fund.
[Pre-Local Government Recodification Citation: 19-4-7-3.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-97.5. Construction Loans; Terms; Deposit of Proceeds; Interest on Loan

Sec. 97.5. (a) Whenever the board determines by resolution spread upon its minutes that the cost of constructing or reconstructing a particular drain is an amount that the owners of land to be assessed may conveniently pay in installments over a five (5) year period, it may ask the county fiscal body to:
(1) obtain a loan from a bank, trust company, savings association, or savings bank authorized to engage in business in the county; or
(2) obtain funds in the manner prescribed by IC 36-2-6-18, IC 36-2-6-19, and IC 36-2-6-20;
to finance that construction or reconstruction.
(b) A loan obtained under this section:
(1) must have a fixed or variable interest rate;
(2) must mature within six (6) years after the day it is obtained;
(3) shall be repaid from installments collected from assessments of landowners over a five (5) year period;
(4) is not subject to the provisions of section 94 of this chapter that concern interest; and
(5) is not subject to the penalty provisions under IC 6-1.1-37-10 if the installments are timely paid.
(c) A construction loan fund is established for each construction or reconstruction project loan that the board and the county fiscal body authorize under this section. A construction loan fund consists of all payments received from the owners assessed for the construction or reconstruction project and may be used only to repay the associated loan. If money remains in a construction loan fund after the associated loan is paid in full, the remaining money in the fund may be transferred to the general drain improvement fund.
(d) A county auditor shall maintain a separate ledger sheet for each construction loan fund established under subsection (c) and record on the separate ledger sheet all payments of principal and interest received from the owners assessed for the associated construction or reconstruction project.
(e) A county auditor shall deposit all payments of principal and interest received from the owners assessed for a construction or reconstruction project in the associated construction loan fund.
(f) The board shall determine whether interest on the loan is to be a part of the final assessment under section 84(a) of this chapter.
(g) Notwithstanding section 85(c) of this chapter, interest on the loan may be charged back to the benefited landowner at a rate that is set in accordance with subsection (b).
As added by P.L.371-1983, SEC.2. Amended by P.L.76-1989, SEC.8; P.L.79-1998, SEC.110; P.L.255-2017, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-98. Payment of Assessments by Municipality or County

Sec. 98. (a) Whenever a regulated drain is:
(1) located wholly or partly within a municipality; and
(2) constructed, reconstructed, or maintained under this chapter;
the municipal fiscal body may, on behalf of the owners assessed or to be assessed within the municipality, pay the total assessment for the construction, reconstruction, or maintenance within the municipality. The payment may be made from any appropriation provided by law, including a cumulative drainage fund established under section 99 of this chapter.
(b) Whenever a regulated drain is:
(1) located outside the corporate boundaries of any municipality within a county; and
(2) constructed, reconstructed, or maintained under this chapter;
the county fiscal body may, on behalf of the owners assessed or to be assessed outside any municipality and within the county, pay all or part of the assessment for the construction, reconstruction, or maintenance outside any municipality and within the county. The payment of all or part of the assessment by the county fiscal body may be made only from a cumulative drainage fund established under section 99 of this chapter.
[Pre-Local Government Recodification Citations: 19-4-10.1-1 part; 19-4-10.1-2 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-99. Cumulative Drainage Fund; Establishment

Sec. 99. A municipal or county fiscal body may, by resolution, establish a cumulative drainage fund under IC 6-1.1-41 for the construction, reconstruction, or maintenance of drains under this chapter. In the case of a county, however, the fund may be established only upon the recommendation of the county executive.
[Pre-Local Government Recodification Citations: 18-6-16-1 part; 19-4-10.1-1 part; 19-4-10.1-2 part; 19-4-10.1-3.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.32; P.L.17-1995, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-100. Cumulative Drainage Fund; Tax Levy

Sec. 100. To provide money for a cumulative drainage fund established under section 99 of this chapter, the fiscal body may levy a tax in compliance with IC 6-1.1-41 not to exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation of all taxable personal and real property:
(1) within the corporate boundaries, in the case of a municipality; or
(2) within the county but outside the corporate boundaries of all municipalities, in the case of a county.
[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.10; P.L.17-1995, SEC.40; P.L.6-1997, SEC.225.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-101. Repealed

[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]
As added by Acts 1981, P.L.309, SEC.101. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-102. Name of Fund

Sec. 102. The taxes collected under section 100 of this chapter shall be held in a special fund to be known as the "(city, town, or county) cumulative drainage fund".
[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.17-1995, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-103. Construction, Reconstruction, or Maintenance Projects for Regulated Drains; Hearings Required

Sec. 103. Notwithstanding any other provision of this chapter, after the establishment of a cumulative drainage fund, a hearing shall be held before the board undertakes any project to construct or reconstruct a regulated drain or to maintain a regulated drain when the total cost of the maintenance project is more than twenty-five thousand dollars ($25,000). The board shall:
(1) publish a notice of the hearing in accordance with IC 5-3-1; and
(2) mail a notice of the hearing, at least fifteen (15) days before the hearing, to the owner of each piece of property adjoining the proposed or established regulated drain.
[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.84; P.L.206-1984, SEC.11; P.L.154-1993, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-104. Interstate Drains; Authorization; Joint Meetings of State Officials

Sec. 104. (a) Whenever:
(1) a petition to construct a new drain is filed under sections 54 through 65 of this chapter, a board initiates proceedings to reconstruct a drain under sections 49 through 52 of this chapter, or proceedings are initiated in Illinois, Kentucky, Michigan, or Ohio to construct or reconstruct a drain; and
(2) the proposed construction or reconstruction will affect land in both Indiana and the other state;
the board may join with the proper officials of the other state in a joint effort to construct or reconstruct the drain.
(b) Whenever proceedings are instituted in Indiana under subsection (a), the board shall fix a date, time, and place for a joint meeting with the proper officials of the other state for the purpose of forming an interstate board, and shall have a notice of the meeting served on those officials.
(c) Upon receipt by the board of an acceptance of the offer to meet, or, when the offer to meet has come from the other state, upon acceptance by the board, the board and the officials of the other state shall proceed at the specified date, time, and place to form an interstate board by electing one (1) of their number chair and one (1) of their number clerk. The chair and the clerk may not be residents of the same state.
(d) Without regard to the number of members of the interstate board who are present, the members from Indiana are entitled to cast one-half (1/2) of all votes on all questions, and that vote shall be represented equally by the different members from Indiana who are present.
[Pre-Local Government Recodification Citations: 19-4-9-1; 19-4-9-2; 19-4-9-3.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.363.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-105. Interstate Drains; Cooperation of Surveyors and Engineers

Sec. 105. (a) The county surveyor representing a board from Indiana that is part of an interstate board shall work with the surveyor or engineer representing the officials of the other state in the performance of the duties required of the county surveyor by this chapter. The interstate board may employ an engineer to work with and assist the surveyor or surveyors, but an engineer may not be permanently employed unless the interstate board has determined that the proposed construction or reconstruction is necessary for the public health, welfare, or convenience, and that the cost of the construction or reconstruction will probably be less than the benefits to the affected land.
(b) The surveyors and engineer, if one is employed, shall:
(1) prepare all surveys, plans, specifications, and other things required by this chapter for construction or reconstruction solely within Indiana;
(2) estimate the total cost of the construction or reconstruction for the part of the drain located in each state, together with an estimate of the total cost of location; and
(3) in their report, make a fair and just apportionment between the two (2) states of the cost of location and construction or reconstruction.
The report shall be filed with the interstate board and, when that board adopts the report by proper resolution, a certified copy of the report shall be filed with the board in Indiana.
(c) Upon receiving the report, the board in Indiana shall assess the benefits and damages to each tract of land affected in Indiana, in accordance with this chapter as applied to a drain located solely within Indiana.
(d) All provisions of this chapter, including the giving of notices, the right to object and remonstrate, and the right to judicial review, apply to the board, the surveyor, and all affected persons.
(e) When the construction or reconstruction is finally and conclusively established in both states, and when money is available in both states to pay for the proposed work, the interstate board shall meet and let the work contracts. Payment from funds in Indiana shall be made by voucher approved by the interstate board, countersigned by the chair of the board in Indiana, and filed with the county auditor. The payments shall be limited to the amount apportioned to Indiana under subsection (b).
[Pre-Local Government Recodification Citations: 19-4-9-4; 19-4-9-5; 19-4-9-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.364.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-106. Judicial Review; Petition

Sec. 106. (a) Any owner of land affected by a final order or determination of a board is entitled to judicial review of that order or determination in the circuit or superior court of the county in which the board is located. The owner must file in the court a petition:
(1) setting out the order or determination complained of; and
(2) alleging specifically that the order or determination is arbitrary, capricious, unlawful, or not supported by substantial evidence;
and pay the fee required under IC 33-37-4-4. If the order or determination to be appealed was made by a joint board, the petition must be filed in the circuit or superior court of the county that elected the surveyor who serves as an ex officio member of the joint board.
(b) A petition for judicial review under subsection (a) must be filed within twenty (20) days after:
(1) the date of publication of notice by the board that the order or determination has been made; or
(2) the order or determination was served on the person seeking the judicial review, if the order was served on that person.
(c) A copy of the petition shall be served on the board within five (5) days after the petition is filed. If the order or determination arose in a proceeding initiated by petition for the construction of a new drain under section 54 of this chapter, a copy shall also be served on the attorney for the petitioner, unless the petitioner is the person seeking the judicial review. Service under this subsection:
(1) is sufficient to bring the board and any petitioner for a new drain into court;
(2) may be made on the board by serving a copy of the petition on the county surveyor personally or by leaving it at the surveyor's official office; and
(3) may be made on the attorney for the petitioner by serving a copy of the petition on the attorney personally or by leaving a copy of it at the attorney's address as set forth in the petition.
(d) Within twenty (20) days after receipt of notice that any person has filed a petition for review, the board shall prepare a certified copy of the transcript of the proceedings before the board and file it with the clerk of the court. The petitioner shall pay the cost of preparing this transcript. An extension of time in which to file the transcript shall be granted by the court upon a showing of good cause.
(e) On the filing of a petition for review, the clerk of the court shall docket the cause in the name of petitioner and against the board. The issues shall be considered closed by denial of all matters at issue without the necessity of filing any further pleadings.
(f) When the owners of less than ten percent (10%) of the affected lands petition for judicial review, issues not triable de novo do not operate to stay work unless an appeal bond is posted.
[Pre-Local Government Recodification Citations: 19-4-8-1; 19-4-8-2; 19-4-8-3; 19-4-8-4.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.351-1985, SEC.2; P.L.192-1986, SEC.40; P.L.305-1987, SEC.37; P.L.98-2004, SEC.163.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-107. Judicial Review; Procedure

Sec. 107. (a) Whenever a petition for judicial review is filed on the ground that:
(1) the board found that the petitioner's land would be benefited by the construction, reconstruction, or maintenance of a drain, and the benefits assessed were excessive; or
(2) the petitioner's lands would be damaged by the construction, reconstruction, or maintenance of a drain, and:
(A) the board failed to so find; or
(B) the amount of damages awarded was inadequate;
the court shall proceed to hear the issue of benefits or damages de novo. A change of venue may be taken from the judge and from the county, and a jury trial may be obtained, in accordance with the rules governing the trial of civil actions. An appeal may be taken in accordance with the rules governing appellate procedure.
(b) Whenever a petition for judicial review is filed on any ground other than those set forth in subsection (a), the review shall be heard by the court without the intervention of a jury. The court may not try or determine the cause de novo, but shall consider and determine the cause exclusively upon the record made before the board and filed with the court. A change of venue may be taken from the judge under the rules governing a change of venue in civil actions, but a change of venue may not be taken from the county. The proceedings shall be advanced upon the docket of the court. If the court finds from the record before it that:
(1) the person filing the petition for review has complied with all procedures required under this chapter to properly present the matters set forth in the petition for review, and has exhausted the person's administrative remedies; and
(2) the decision or determination of the board is arbitrary, capricious, unlawful, or not supported by substantial evidence;
the court shall order the decision or determination of the board set aside and shall remand the matter to the board for further proceedings consistent with the findings and order of the court. If the court finds otherwise, the decision of the board shall be affirmed.
(c) In affirming or setting aside a decision or determination of the board, the court shall enter its findings and order or judgment on the record.
(d) When a petition for judicial review presents issues that shall be heard de novo and issues that may not be heard de novo, the court shall separate the issues and shall proceed to determine the issues that may not be heard de novo. When the court's judgment on the issues that may not be heard de novo becomes final, or when the appeal is decided if an appeal is taken, the board shall proceed in accordance with the final judgment or appellate decision despite the fact that the issues to be heard de novo may be undecided and pending before the court or on appeal.
[Pre-Local Government Recodification Citation: 19-4-8-5.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.365.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.