Ind. Code § 36-9-27-37 – Vacation of drains; procedure; appeals

(a) When instituting proceedings to vacate a regulated drain, the board shall:
1. (1) serve a notice of intention to vacate on all owners of affected land;
2. (2) fix a date for a hearing;
3. (3) receive all objections filed;
4. (4) hold the hearing; and
5. (5) issue an order vacating or reclassifying the drain.
(b) A board acting under this section shall:
1. (1) comply with the applicable provisions of sections 49 through 52 of this chapter; and
2. (2) consider section 34(d) of this chapter in determining whether a drain should be vacated.
(c) An owner aggrieved by the final order of the board may obtain judicial review of the order under section 106 of this chapter.
(d) When a drain is vacated, the county treasurer shall transfer all money in that drain's maintenance fund to the general drain improvement fund.
[Pre-Local Government Recodification Citation: 19-4-1-11.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.4.