reglab/statecodes huggingface dataset:
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 › 36-9-27.4-12. 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.
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 › 36-9-27.4-13. 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.
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 › 36-9-27.4-14. 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.
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 › 36-9-27.4-15. 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.
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 › 36-9-27.4-16. 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.
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 › 36-9-27.4-17. 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.
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 › 36-9-27.4-18. 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.
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 › 36-9-27.4-19. Additional Duties of Board; Drains

Sec. 19. (a) If:
(1) a petition filed under this chapter concerns a drain; and
(2) the drainage board:
(A) finds for the petitioner under section 14(a) of this chapter; but
(B) does not find under section 15 of this chapter that the obstruction of the drain 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;
(2) authorizing the respondents to remove the obstruction;
(3) directing the county surveyor to remove the obstruction; or
(4) directing that the obstruction be removed through the joint efforts of at least two (2) of the persons referred to in this subsection.
(c) If an order is issued under subsection (b), the costs of removing the obstruction must be borne by the owners of all the tracts of land that are benefited by the drain. The order of the board must do the following:
(1) Identify all tracts of land that are benefited by the drain.
(2) Identify the owners of the tracts of land referred to in subdivision (1):
(A) who are known to the drainage board; or
(B) whose identity can be determined through the records of the county auditor.
(3) Apportion the costs of removing the obstruction among the tracts of land that are benefited by the drain, assigning to each tract a certain percentage of the total costs.
(4) Order the owners of each tract of land referred to in subdivision (1) to pay an amount equal to the product of the total costs of removing the obstruction multiplied by the percentage assigned to the tract under subdivision (3).
(d) The percentage of the total costs assigned to a tract under subsection (c)(3) must correspond to the ratio of the total length of the drain to the length of the particular segment of the drain that benefits the tract.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.19.
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 › 36-9-27.4-20. Landowners Jointly and Severally Responsible for Costs of Obstruction Removal

Sec. 20. (a) All the owners of a tract that is the subject of an order issued under section 19 of this chapter are jointly and severally responsible for the payment of the amount determined under section 19(c)(4) of this chapter.
(b) An owner of a tract who pays all of or a portion of the amount may bring an action to obtain contribution from an owner of the tract who did not pay an equal or a greater portion of the amount.
(c) An owner of a tract that is the subject of an order issued under section 19 of this chapter is subject to an action under section 22 of this chapter if the owner fails to pay the amount for which the owner is responsible under the order.
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 › 36-9-27.4-21. Order Authorizing Advance on General Drain Improvement Fund for Payment of Obstruction Removal Expenses

Sec. 21. In entering an order concerning the removal of an obstruction under this chapter, a drainage board may:
(1) provide for the costs of the removal work to be paid directly by one (1) or more of the persons subject to the order; or
(2) authorize an advance on the general drain improvement fund established in the county under IC 36-9-27-73 for the payment of the costs of the removal work and provide for the amount advanced to be reimbursed by one (1) or more of the persons subject to the order.
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 › 36-9-27.4-22. Recovery of Unpaid Amounts or Expenses

Sec. 22. (a) If a person who is required by an order of a drainage board under this chapter to pay an amount or bear an expense does not comply with the requirement, the amount for which the person is responsible may be recovered by:
(1) the drainage board, as custodian of the general drain improvement fund, if the amount was advanced from the general drain improvement fund; or
(2) another person subject to the order who has paid the amount and is entitled to reimbursement.
(b) An amount may be recovered from a person under subsection (a) through an action in a court having jurisdiction in the same manner that a creditor may recover an amount owed under a contract. In an action brought under this subsection, the plaintiff may also be awarded costs and reasonable attorney's fees.
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 › 36-9-27.4-23. Judicial Review

Sec. 23. (a) If the drainage board finds for a petitioner after a hearing held under this chapter, a respondent may file an action in the circuit or superior court of the county in which the alleged obstruction exists seeking to have the order entered by the drainage board vacated.
(b) An action filed under subsection (a) must be based on at least one (1) of the following assertions by the respondent:
(1) The drainage board lacked authority to act under this chapter.
(2) The drainage board erred in making the findings described in section 14(a) of this chapter.
(3) The respondent should have been awarded compensation for harm and inconvenience, or the amount awarded to the respondent for harm and inconvenience is insufficient.
(4) The drainage board did not follow the procedure required by 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 › 36-9-27.4-24. Remedies

Sec. 24. (a) In an action filed under section 23 of this chapter, the court:
(1) shall enter an order vacating the order of the drainage board directing the county surveyor to remove the obstruction; and
(2) may issue an injunction against the removal of the obstruction;
if the court makes a finding under subsection (b).
(b) The court is required or authorized to act under subsection (a) if the court finds that the drainage board:
(1) was clearly in error in making its findings under section 14(a) of this chapter with respect to the alleged obstruction; or
(2) exceeded its authority or discretion under the law in authorizing the removal 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 › 36-9-27.4-25. Right of Entry Onto Land

Sec. 25. (a) For the purposes of this chapter:
(1) a county surveyor;
(2) a member of a drainage board; or
(3) an authorized representative of a county surveyor or drainage board;
has a right of entry over and upon a tract of land containing a drain or natural surface watercourse that is the subject of a petition filed under this chapter.
(b) The right of entry granted by this section is limited to the land lying within seventy-five (75) feet of the drain or natural surface watercourse. The seventy-five (75) feet must be measured at right angles to:
(1) the center line of any tiled drain; and
(2) the top edge of each bank of an open drain; and
(3) the edge of any natural surface watercourse;
as determined by the county surveyor.
(c) A person exercising a right of entry under this section shall, to the extent possible, use due care to avoid damage to:
(1) crops, fences, buildings, and other structures located outside the right-of-way; and
(2) crops and approved structures located inside the right-of-way.
(d) Before exercising a right of entry under this section, an individual must give oral or written notice of the entry on the land to the property owner of record. The notice must state the purpose for the entry.
(e) A right of entry under this section is not criminal trespass under IC 35-43-2-2, and an individual exercising a right of entry under this section may not be arrested or prosecuted for criminal trespass under IC 35-43-2-2.
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 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-1. "Executive"

Sec. 1. As used in this chapter, "executive" means:
(1) the board of county commissioners, in the case of Johnson County; or
(2) the mayor, in the case of a consolidated city.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-2. "Fiscal Officer"

Sec. 2. As used in this chapter "fiscal officer" means:
(1) the county auditor, in the case of Johnson County; or
(2) the controller, in the case of a consolidated city.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-3. "Governing Documents"

Sec. 3. As used in this chapter, "governing documents" has the meaning set forth in IC 32-25.5-2-3.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-4. "Homeowners Association"

Sec. 4. As used in this chapter, "homeowners association" has the meaning set forth in IC 32-25.5-2-4.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-5. "Subdivision"

Sec. 5. As used in this chapter, "subdivision" has the meaning set forth in IC 32-25.5-2-5.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-6. "Subdivision Drain"

Sec. 6. As used in this chapter, "subdivision drain" means a system that:
(1) consists of:
(A) underground pipes; and
(B) one (1) or more inlets;
(2) may also include one (1) or more streams, swales, ditches, natural drains, catch basins, and other components;
(3) is designed to drain excess water from impervious surfaces like paved streets and parking areas;
(4) is located in a subdivision; and
(5) has not been dedicated to public use and accepted by the county or any other political subdivision in which the system is located.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-7. "Unit"

Sec. 7. As used in this chapter, "unit" means:
(1) Johnson County; or
(2) the consolidated city in Marion County.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-8. Application of Chapter

Sec. 8. This chapter applies to the following:
(1) A subdivision located in an unincorporated area of Johnson County.
(2) A subdivision located within a consolidated city. This chapter does not apply to a subdivision located within the boundaries of an excluded city (as defined in IC 36-3-1-7).
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-9. Application Regardless of Whether Homeowners Association Law Applies to Subdivision

Sec. 9. This chapter applies to a subdivision regardless of whether IC 32-25.5 applies to the subdivision in its entirety under IC 32-25.5-1-1(a).
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-10. Authority to Enter Into Contract; Requirements

Sec. 10. (a) The executive may enter into a contract under this chapter with the homeowners association of a subdivision if the following requirements are satisfied:
(1) The contract must be executed not later than June 30, 2021.
(2) Each member of the homeowners association must be provided with a copy of the proposed contract through one (1) of the following:
(A) Physical delivery of a printed copy.
(B) Delivery by electronic mail of an electronic copy.
(C) Notification by electronic mail or other means that an electronic copy can be viewed on or downloaded from the Internet web site of the homeowners association.
(3) The proposed contract:
(A) must be approved by a majority of the members of the homeowners association in attendance at a meeting called and conducted in accordance with the requirements of the homeowners association's governing documents; or
(B) must be approved by a majority of the members of the homeowners association through alternative means, such as voting by electronic mail, that are allowed under the homeowners association's governing documents.
(b) For purposes of subsection (a)(3)(A), a member of a homeowners association is considered to be in attendance at a meeting if the member attends:
(1) in person;
(2) by proxy; or
(3) by any other means allowed under:
(A) state law; or
(B) the governing documents of the homeowners association.
(c) IC 32-25.5-3-4 does not apply to the approval of a contract under this section.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-11. Mandatory Contract Provisions

Sec. 11. A contract between the executive and the homeowners association of a subdivision under this chapter must include provisions that do the following:
(1) Authorize the unit to repair subdivision drains located in the subdivision either:
(A) through the work of employees of the unit; or
(B) by contracting for the repair work to be performed by a third party.
(2) Authorize the unit to impose assessments on owners of property in the subdivision to:
(A) recover the cost of repairing subdivision drains in the subdivision; and
(B) accumulate funds to defray the cost of future projects to repair subdivision drains in the subdivision.
(3) Authorize:
(A) employees of:
(i) the unit; or
(ii) a contractor of the unit; and
(B) the county surveyor or the county surveyor's employees;
to enter upon property that is located in the subdivision and is owned by a member of the homeowners association of the subdivision for the purpose of repairing subdivision drains located on the property.
(4) Authorize the unit to determine the order in which subdivision drains will be repaired by the unit.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-12. Right of Entry to Perform Drain Repair Work

Sec. 12. (a) A person authorized under section 11(3) of this chapter that is engaged in subdivision drain repair in performance of a contract under this chapter may enter upon, over, or under land, water, or property within a subdivision to perform the subdivision drain repair work.
(b) Except as provided in subsection (c), before a person authorized under section 11(3) of this chapter may enter property within the subdivision, the record owner of the property shall be notified in writing by registered or certified mail not later than twenty (20) days before the date of entry. The person shall present written identification or authorization to the occupant of the property before entering the property.
(c) If the owner of the property consents in writing to the entry, notice is not required under subsection (b).
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-13. Workers Not Trespassing

Sec. 13. While performing work under a contract entered into under this chapter, persons authorized under section 11(3) of this chapter are not considered trespassers and are liable only for the actual damages they cause to property.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-14. Recording of Contract

Sec. 14. Not later than ten (10) business days after the date a contract is executed under this chapter, the executive shall record the contract with the county recorder.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-15. Duties of Fiscal Officer

Sec. 15. (a) The fiscal officer shall:
(1) establish a subdivision drain repair fund; and
(2) create a separate account within the fund for each subdivision with which the executive enters into a contract under this chapter.
(b) The fund established under subsection (a) shall be administered by the fiscal officer. Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a fiscal year does not revert to the unit's general fund.
(c) The fiscal officer shall deposit assessments imposed on owners of property in a subdivision into the account created under subsection (a)(2) for that subdivision unless the assessments are immediately needed to pay the cost of repairing subdivision drains in that subdivision.
(d) The fiscal officer may withdraw money from the account of a subdivision as needed to pay the cost of repairing subdivision drains in that subdivision.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-16. Assessments; Amount and Collection

Sec. 16. Assessments imposed on the owners of property in a subdivision under section 11(2) of this chapter:
(1) shall be set by the executive or the executive's designee at an amount not greater than is necessary to meet the cost of repairs needed at the time the contract is entered into with respect to subdivision drains located on property in the subdivision; and
(2) may be collected by the fiscal officer through a charge appearing on the semiannual property tax statement of the affected property owner.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-17. If Balance in Account Is Insufficient

Sec. 17. If the balance in the account created for a subdivision under section 15(a)(2) of this chapter is insufficient to pay the cost of repairing a subdivision drain in the subdivision, the unit may:
(1) pay the expenses of the repair initially from:
(A) the county general fund, in the case of Johnson County; or
(B) the stormwater fund, in the case of a consolidated city; and
(2) later deposit in the fund from which the expenses were paid under subdivision (1), from funds obtained through assessments imposed under this chapter on owners of property in the subdivision in which the subdivision drain is located, an amount equal to the amount paid under subdivision (1).
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-18. Unpaid Assessments Constitute Lien

Sec. 18. (a) All assessments that are imposed on an owner of property in a subdivision under this chapter but are unpaid constitute a subdivision drain repair lien on the property as provided in section 19 of this chapter.
(b) The priority of a subdivision drain repair lien is established on the date on which the notice of the lien is recorded under section 19 of this chapter.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-19. Attachment of Lien to Real Estate; Notice of Lien

Sec. 19. (a) A subdivision drain repair lien under this chapter attaches to real estate upon the recording of a notice of lien by the fiscal officer in the office of the recorder of the county in which the real estate is located.
(b) A notice of lien may not be recorded under this section unless the notice of lien:
(1) contains:
(A) the address and legal description of the property that is subject to the lien;
(B) the name of the property owner who is subject to the lien; and
(C) the amount of the lien; and
(2) is:
(A) signed by the fiscal officer and
(B) acknowledged as in the case of deeds.
(c) A subdivision drain repair lien attaches on the date of the recording of the notice of the lien under this section and does not relate back to the date of the subdivision drain repairs for which the assessments were imposed on the property owner.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-20. Liability of Grantee; Acquirer of Title After Mortgage Foreclosure Not Liable

Sec. 20. (a) In the case of a voluntary conveyance of property in a subdivision, the grantee of the property is jointly and severally liable with the grantor for all unpaid subdivision drain repair assessments that were imposed on the grantor under this chapter before the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts of the subdivision drain repair assessments paid by the grantee.
(b) If the mortgagee of a first mortgage of record or another purchaser obtains title to a property in a subdivision as a result of foreclosure of the first mortgage, the acquirer of title or the acquirer's successors and assigns are not liable for the share of the subdivision drain repair assessments that are chargeable to the property and that became due before the acquirer acquired title to the property, and any subdivision drain repair lien on the property relating to the share of the subdivision drain repair assessment that became due before the mortgagee or other purchaser acquired title to the property shall be released.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-21. Enforcement of Assessments

Sec. 21. Subdivision drain repair assessments imposed under this chapter may be enforced and collected as special assessments under IC 6-1.1-22 and IC 6-1.1-24 and under IC 6-1.1-25.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27.8. Subdivision Drain Repair Pilot Program › 36-9-27.8-22. Expiration of Authority to Enter Into Contracts

Sec. 22. The executive may not enter into a contract under this chapter with a homeowners association of a subdivision after June 30, 2021. The rights and obligations of a contract executed under this chapter before July 1, 2021, are not affected after June 30, 2021, and do not impair a unit's ability to enforce liens and collect subdivision drain repair assessments authorized under this chapter for work performed under a contract.
As added by P.L.139-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities other than a consolidated city.
[Pre-Local Government Recodification Citation: 19-4-20-1 part.]
As added by Acts 1981, P.L.309, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-2. Order to Construct or Improve; Issuance; Drawings and Specifications for Project

Sec. 2. A municipal works board acting under this chapter may issue an order to construct or improve a levee, change or improve a natural or artificial watercourse, drain a section of land, or construct a sewer or drain, if:
(1) the proposed project is designed to benefit land inside and outside the corporate boundaries of the municipality; and
(2) the works board finds that the proposed project is necessary for the welfare of all or part of the municipality.
If the works board issues such an order, it shall have the necessary drawings and specifications for the project prepared and filed in its office.
[Pre-Local Government Recodification Citation: 19-4-20-2.]
As added by Acts 1981, P.L.309, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-3. Order to Construct or Improve; Considerations; Filing of Record of Proceedings

Sec. 3. (a) In making an order for a project under this chapter, the municipal works board shall consider whether the project will beneficially or injuriously affect any property outside the corporate boundaries of the municipality.
(b) If the works board finds that the proposed project will injuriously or beneficially affect property outside the corporate boundaries of the municipality, it shall file with the circuit court, superior court, or probate court for the county a record of all the proceedings concerning the project, including:
(1) a list of all persons whose property will be affected, as determined from the records of the county at the time the works board passes the order for the project; and
(2) a description of the boundaries of the affected area.
The proceedings shall be docketed in the circuit court, superior court, or probate court in the same manner as other civil actions, and the court shall fix a time when the proceedings shall be heard.
(c) If the works board finds that the proposed project will not affect property outside the corporate boundaries of the municipality, it may not proceed with the project under this chapter.
[Pre-Local Government Recodification Citation: 19-4-20-3.]
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.187.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-4. Notice of Hearing; Answer; Judgment

Sec. 4. (a) After the record is filed under section 3 of this chapter, the clerk of the circuit court shall give notice to all persons who are mentioned in the record or who will be affected by the proposed project. The notice must:
(1) be published in accordance with IC 5-3-1;
(2) name a date on which the court will hold a hearing on the proposed project; and
(3) describe the boundaries of the area affected by the proposed project.
(b) At the hearing, which may be adjourned from time to time, persons who own property in the area affected by the proposed project may file an answer showing why the works board should not proceed with the project. The court shall hear the evidence and determine whether the works board should proceed.
(c) If the court finds that the works board should proceed with the project substantially as described in the record, it shall enter judgment accordingly. Otherwise, the court shall dismiss the proceedings.
(d) The court's judgment under this section may not be appealed.
[Pre-Local Government Recodification Citations: 19-4-20-4; 19-4-20-5.]
As added by Acts 1981, P.L.309, SEC.104. Amended by Acts 1981, P.L.45, SEC.85.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-5. Control and Supervision of Work; Letting of Contract; Reporting; Filing

Sec. 5. If, under section 4 of this chapter, the court finds that the municipal works board should proceed with a proposed project, the works board shall control and supervise work for the project. The works board shall:
(1) advertise for bids for the work; and
(2) let a contract or contracts for the work, subject to financing.
The works board shall report the letting of the contract or contracts to the court, together with an estimate of other project costs, to be filed with the proceedings concerning the project.
[Pre-Local Government Recodification Citation: 19-4-20-6 part.]
As added by Acts 1981, P.L.309, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-7. Application of Other Assessment Statutes

Sec. 7. Except as otherwise provided by this chapter, the statutes concerning street and sewer improvement assessments apply to assessments made under this chapter.
[Pre-Local Government Recodification Citation: 19-4-20-9 part.]
As added by Acts 1981, P.L.309, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-8. Acquisition of Real or Personal Property Required for Project; Condemnation; Purchase

Sec. 8. If any real or personal property inside or outside the municipality is required for a project under this chapter:
(1) it may be condemned and paid for in the manner provided by law; or
(2) the municipal works board may purchase and take a conveyance for it for the use and benefit of the municipality, in the manner prescribed for other purchases by the municipality.
All further proceedings concerning a project under this chapter must be performed in accordance with the statutes governing public improvements in municipalities.
[Pre-Local Government Recodification Citation: 19-4-20-10.]
As added by Acts 1981, P.L.309, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-9. Bonds; Issuance; Payments; Financing Agreement; Public Sale

Sec. 9. (a) If the financing for a project under this chapter is to be provided by the federal government, one (1) or more bonds may be issued at any time after the filing of the assessment roll with the court under section 6 of this chapter.
(b) Bonds issued under this section are payable solely from:
(1) the assessments made or to be made against the property benefited; or
(2) the money appropriated for that purpose by the municipality;
and are not a general obligation of the municipality.
(c) Notwithstanding any other law, a financing agreement with the federal government may provide that a municipal ordinance may determine:
(1) the interest rate or rates on the bonds and the assessments;
(2) the time or times of maturities or of principal and assessment payments;
(3) the terms, if any, for redemption of the bonds;
(4) the medium and the place or places for payment of the bonds, including payment by mail to an owner of any fully registered bond; and
(5) any other necessary terms and conditions.
(d) Bonds issued under this section need not be advertised for public sale.
[Pre-Local Government Recodification Citation: 19-4-20-9 part.]
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.189.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-10. Completion and Acceptance of Project; Certification; Benefits Assessed

Sec. 10. (a) When the municipal works board finally accepts a project under this chapter, it shall certify the completion and acceptance of the project to the court. The court shall then direct the clerk of the court to make out two (2) copies of a list showing:
(1) the owners of the property affected by the project;
(2) a description of each parcel of property affected by the project; and
(3) the benefits and damages assessed upon or in favor of each parcel.
The clerk shall certify the copies under the seal of the court, and shall deliver one (1) copy to the municipal fiscal officer and one (1) copy to the county treasurer.
(b) If the works board finds that the project is necessary for the public welfare of the municipality and that the benefits assessed will fall below the amount required to pay the damages awarded and to pay for the project, the board shall order that any balance required for this purpose shall be paid by the municipality out of the general fund or out of any other available money. If the works board finds that the benefits assessed exceed the amount of financing needed, each assessment shall be reduced on a pro rata basis.
[Pre-Local Government Recodification Citation: 19-4-20-8.]
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.190.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-11. Board of Directors; Duties; Petition for Appointment; Notice of Hearing; Appearance; Judgment

Sec. 11. (a) After a project is completed and approved under this chapter, the care, management, control, repair, and maintenance of the project may be placed under the jurisdiction of a board of directors appointed under this section.
(b) A petition requesting the appointment of a board of directors for the project may be filed with the clerk of the circuit court. The petition may be signed by:
(1) the municipal works board, if all or part of the municipality is located in the area affected by the project;
(2) the executive and legislative body of a township, if all or part of the township is located in the area affected by the project;
(3) any twenty-five (25) landowners who reside in a municipality and whose lands are located in the area affected by the improvement; or
(4) any twenty-five (25) landowners who do not reside in a municipality and whose lands are located in the area affected by the project.
The petition shall be docketed as a pending action, and the court shall fix a time when the petition shall be heard.
(c) After the petition is filed and docketed, the clerk of the circuit court shall give notice of the hearing by publication in accordance with IC 5-3-1. The notice shall be addressed to all persons who were originally assessed for the construction of the project.
(d) Any person owning land located in the area affected by the project may appear at the hearing and be heard, either in person or by the person's attorney.
(e) If the court determines that a board of directors should be appointed and assessments should be imposed for the care, management, control, repair, and maintenance of the project, the court shall enter a judgment accordingly. If the court enters such a judgment, two (2) members of the board of directors shall be appointed by the county executive and one (1) member of the board of directors shall be appointed by the municipal executive. The three (3) appointed persons must be qualified under section 12 of this chapter.
(f) If the court determines that a board of directors should not be appointed, it shall dismiss the petition.
[Pre-Local Government Recodification Citations: 19-4-20-11; 19-4-20-12; 19-4-20-13; 19-4-20-14.]
As added by Acts 1981, P.L.309, SEC.104. Amended by Acts 1981, P.L.45, SEC.86; P.L.7-1983, SEC.40; P.L.84-2016, SEC.191; P.L.127-2017, SEC.367.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-12. Board of Directors; Qualifications; Terms; Vacancy

Sec. 12. (a) A board of directors appointed under this chapter consists of three (3) directors, who must own land assessed for the construction of the project. One (1) of the directors must be a resident of the municipality affected by the improvement, and two (2) of the directors must be residents of an unincorporated area.
(b) One (1) of the original directors shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, and one (1) for a term of three (3) years. After the expiration of the original terms, all directors shall be appointed for terms of three (3) years.
(c) The appointing authority shall fill any vacancy on the board of directors by appointment for the remainder of the unexpired term.
[Pre-Local Government Recodification Citation: 19-4-20-15.]
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.7-1983, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-13. Board of Directors; Compensation

Sec. 13. Each member of a board of directors appointed under this chapter is entitled to compensation, at a rate fixed by the circuit court but not to exceed thirty-five dollars ($35) per day, for the member's services under this chapter. The compensation of the board shall be paid from the assessments made under section 16 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-20-22 part.]
As added by Acts 1981, P.L.309, SEC.104. Amended by Acts 1981, P.L.317, SEC.33; P.L.127-2017, SEC.368.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-14. Board of Directors; Employment of Assistants; Compensation

Sec. 14. A board of directors appointed under this chapter may employ the assistants necessary to perform its duties under this chapter. The compensation of the assistants shall be paid from the assessments made under section 16 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-20-22 part.]
As added by Acts, 1981, P.L.309, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-15. Board of Directors; Necessary Repairs; Record of Proceedings and of Costs and Expenses of Repairs

Sec. 15. (a) A board of directors appointed under this chapter shall make all repairs necessary to keep the project in its original condition. If, in making the repairs, it is necessary to change the line and location of a ditch at any point, the board may do so, but the board may not change its general line or location.
(b) The board of directors shall keep a record of its proceedings and shall note in that record all expenses incurred in making repairs. The board shall file with the county auditor a statement showing the cost and expenses of making the repairs, specifying the amounts due to each person. The auditor shall then draw the auditor's warrant in favor of each person for the amount due them. The amounts due shall be paid out of county revenues and shall be reimbursed to the county from the assessments made under section 16 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-20-16.]
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.127-2017, SEC.369.