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 sixty (60) 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 sixty (60) day notice period under subsection (b), appeal the proposed necessity for entry to a court in the county in which the property is located. If an appeal is made, the commission may not exercise the right of entry until a final decision is made by the court.
4. (d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures.

As added by P.L.35-2001, SEC.7.