PROCEDURE TO MAKE A MUTUAL DRAIN A REGULATED DRAIN
IC 36-9-27-19
(Quoted from Indiana Statutes)
1) Any owner affected by a mutual drain may file a written request with the Joint Drainage Board to make the mutual drain a regulated drain.
2) If the request may affect land in more than one county, the Joint Drainage Board shall be established according to IC 36-9-27-14. “Affected land” means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain.
3) The Joint County Drainage Board sets date, time, and place of hearing.
a) hearing must he at least 30 days after request is filed.
4) Owner making request notifies owners of all affected land of the date, time, place, and purpose of hearing.
a) Owners must be notified in writing as least 20 days before the hearing.
5) Any owner may file written evidence for or against granting the request, on or before the date of the hearing.
6) The Joint County Drainage Board holds the hearing considering all evidence filed. If the Joint County Drainage Board finds that:
a) The owners of more than 50% in acreage of the affected land will benefit; and
b) The benefits are likely to be greater than the damages; it shall make written findings to that effect and issue an order granting the request.
7) The Joint County Drainage Board shall announce its findings and order before adjourning the hearing.
8) The announcement constitutes notice to all affected persons.
9) Affected owners have 20 days after the date of the notice to request judicial review.
10) lf judicial review is not requested the findings and order are conclusive.
