2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-57. Establishing New Regulated Drains; Affirmative Findings by Surveyor; Additional Lands Affected; Procedure

Sec. 57. (a) If the county surveyor, in the county surveyor's preliminary report, or the board, after a hearing under section 56 of this chapter, finds that the report concerning each of the three (3) subdivisions of section 55 of this chapter should be in the affirmative, the county surveyor shall determine if any land other than that described in the petition will be affected by the proposed drain. If the county surveyor finds that additional land will be affected, the county surveyor shall make a written report to the board, setting forth the boundary of the additional area of affected land.
(b) After receiving the county surveyor's report under subsection (a), the board shall determine if the petition describes an area of land equal to three-fourths (3/4) or more of all the affected land.
(c) If the board's determination under subsection (b) is in the negative, the board shall enter an order dismissing the petition, unless within a time specified by the board a supplementary petition describing a sufficient area contiguous to the area described in the original petition, with the signatures required to qualify the supplementing petition, is filed with the board. The board shall serve a copy of the report of the county surveyor and order of dismissal upon the attorney for petitioner. The dismissal does not prohibit the subsequent filing of a proper petition.
(d) If the county surveyor determines that additional land will be affected by the proposed drain, and that the petition described a sufficient area of land, the county surveyor shall prepare a written report describing the boundary of the additional area and have a copy of the report served on the attorney for the petitioner. The petitioner, within thirty (30) days after service of the report upon the petitioner's attorney, shall file with the county surveyor an amendment to the petition, including:
(1) the names and addresses of the owners of all land within the additional area described in the county surveyor's report; and
(2) a legal description of each owner's land.
The names, addresses, and legal descriptions shall be described in the manner prescribed by section 54(c)(2) of this chapter. If the petitioner fails to file the amendment to the petition within the thirty (30) day period, or within any additional time granted to the petitioner by the county surveyor or the board, the county surveyor shall report that fact to the board at its next meeting. The board shall then enter an order dismissing the petition and serve a copy of the order on the attorney for the petitioner.
(e) If the county surveyor determines that the petition described all of the land that may be affected by the proposed drain, or if the county surveyor determines otherwise and a proper amendment to the petition is filed under subsection (d), the county surveyor shall immediately fix a date, hour, and place for a hearing before the board on the petition and shall have written notice of the hearing served on the attorney for the petitioner. The date of the hearing may not be less than thirty (30) nor more than forty (40) days after the date of service of notice upon the petitioner's attorney. The surveyor shall call a special meeting of the board for the date, time, and place fixed in the notice unless a meeting of the board is already scheduled for the date, time, and place.
[Pre-Local Government Recodification Citation: 19-4-2-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.346.