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36-9-27-53. Reconstruction proceedings; combination of drains; procedure

IN Code § 36-9-27-53 (2019) (N/A)
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Sec. 53. (a) Whenever:

(1) the board has initiated, or is considering initiating, a proceeding to reconstruct a regulated drain under this chapter;

(2) one (1) or more other regulated drains in the same watershed are in need of reconstruction;

(3) the board finds that no substantial injustice would result from treating the drains as a single drain; and

(4) the board has given notice and a hearing to the owners of affected land;

the board may issue an order combining the drains.

(b) The notice shall be published:

(1) at least once; and

(2) not less than ten (10) nor more than thirty (30) days before the date of the hearing;

in a newspaper of general circulation in the area affected. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.

(c) After an order is issued under this section, this chapter applies to the combined drains as if they were a single drain.

[Pre-Local Government Recodification Citation: 19-4-3-7.]

As added by Acts 1981, P.L.309, SEC.101.

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36-9-27-52.5. Authorization for reconstruction of regulated drain
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36-9-27-53.5. Review of proposed reconstruction or maintenance project; potential onsite field review