1. (a) The commission, board of directors, employees, or authorized representatives of the commission acting under this chapter may:

   1. (1) enter the land lying within the one hundred (100) year flood plain of any watercourse; and

   2. (2) enter nonflood plain land to gain access to the flood plain land;

      to investigate, examine, survey, or investigate suspected violations of the Indiana flood control laws.

2. (b) The commission must give twenty-one (21) days written notice to:

   1. (1) an affected landowner;
   2. (2) a contract purchaser; or

   3. (3) for a municipality, the executive of the municipality;

      before exercising the right of entry granted in this section. The notice must state the purpose of the entry and that there is a right of appeal under this section.

3. (c) An affected landowner may, within the twenty-one (21) day notice period under subsection (b), appeal to the commission the proposed necessity for entry. If an appeal is made, the commission shall hold a hearing on the necessity for right of entry before the right of entry is exercised.
4. (d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures.

5. (e) The commission, board of directors, employees, or authorized representative of the commission acting under this chapter does not commit criminal trespass under IC 35-43-2-2 .

   [Pre-1995 Recodification Citation: 36-7-6.1-22.]

As added by P.L.1-1995, SEC.23.