2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 27. LEVEES, DAMS, AND DRAINAGE CHAPTER 8. DRAINAGE DISTRICTS
Download as PDF
IC 14-27-8
Chapter 8. Drainage Districts
IC 14-27-8-1
Applicability of chapter
Sec. 1. This chapter applies if a public ditch or drain is established
and constructed under the order of any of the following:
(1) A circuit or superior court.
(2) A county executive.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-2
"District" defined
Sec. 2. As used in this chapter, "district" refers to a drainage
maintenance and repair district.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-3
"Ditch" or "drain" defined
Sec. 3. As used in this chapter, "ditch" or "drain" includes the
following:
(1) A main dredge ditch.
(2) The lateral ditches:
(A) tributary to a main ditch; and
(B) constructed as one (1) system of drainage by the use of
a dredge machine.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-4
Petition to establish district; filing
Sec. 4. (a) A petition requesting the establishment of a drainage
maintenance and repair district under this chapter may not be filed
after June 30, 2001.
(b) Twenty percent (20%) of the owners of the real property
assessed for a ditch or drain who:
(1) would benefit by the construction of the ditch or drain; and
(2) own not less than twenty percent (20%) of the land in
acreage that is assessed for the ditch or drain;
may file, in the office of the clerk of a circuit or superior court having
jurisdiction in the county in which is located the greatest acreage of
the land as last assessed with benefits for the construction or
reconstruction of the ditch, a petition requesting the establishment of
a drainage maintenance and repair district.
As added by P.L.1-1995, SEC.20. Amended by P.L.276-2001, SEC.4.
IC 14-27-8-5
Petition to establish district; contents
Sec. 5. A petition filed under section 4 of this chapter must do the
following:
(1) Describe all the land assessed with benefits for the
construction or reconstruction of the ditch or drain.
(2) State a general description of the ditch or drain that the
district is proposed to keep in repair and to properly maintain.
(3) State that the maintenance and repair of the ditch or drain is
a work of necessity or public utility and can be best
accomplished by the organization of the district.
(4) Include other facts that are important.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-6
Petition to establish district; signature
Sec. 6. If the proposed district includes a city, town, or part of a
city or town, the legislative body of the city or town may, after
determining whether the city or town and the owners of land located
in the city or town that would be included in the proposed district
would benefit by the district, sign the petition. If a petition is signed
by the legislative body, the petition shall be treated as if the petition
were signed by all owners of land located in the city or town in the
proposed district.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-7
Petition to establish district; hearing
Sec. 7. (a) Upon the filing of a petition described in section 4 of
this chapter, the clerk of the court shall do the following:
(1) Fix by endorsement upon the petition a day in the next term
of the court, not less than twenty (20) days later than the date of
the filing of the petition, for the hearing.
(2) Give notice of the filing and hearing at least ten (10) days
before the day fixed for the hearing as follows:
(A) By summons, which shall be served by United States
mail, return receipt requested.
(B) For owners of land in the city or town, by reading to the
legislative body of the city or town or a majority of the
members.
(C) By posting notice in five (5) of the most public places
within the proposed district.
(D) By posting one (1) notice at the door of the courthouse
in the county in which the petition is filed.
(E) For nonresidents of Indiana, by publication one (1) time
in a newspaper of general circulation in the county.
(b) When notified under subsection (a), the legislative body shall
make every reasonable effort to see that landowners in the city or
town included in the proposed district are informed of the proposed
district.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-8
Petition to establish district; notice of hearing to resident
landowners
Sec. 8. Notice given under section 7 of this chapter must state the
following:
(1) The date of the filing.
(2) The time and place of the hearing.
(3) The fact that the petition requests the establishment of a
district.
(4) The name and a general description of the dredge ditch or
drain for which it is proposed to establish the district.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-9
Petition to establish district; notice of hearing to nonresident
landowners
Sec. 9. (a) If a landowner in the proposed district is not a resident
of one (1) of the counties in which the proposed district will lie, the
petitioners shall file in the clerk's office with the petition an affidavit
that does the following:
(1) Gives the name of every nonresident landowner.
(2) States the landowner's post office address if known.
(3) If the landowner's post office address is not known, states
that diligent inquiry has been made to ascertain the address but
has not been able to do so.
(b) The clerk shall mail a copy of the notice to every nonresident
landowner whose post office address is stated in the affidavit not later
than the day on which publication of the notice is made.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-10
Petition to establish district; court proceedings
Sec. 10. (a) Upon the hearing of a petition filed under section 4 of
this chapter, an owner of real property within the proposed district
may appear and contest the necessity for or utility of the
establishment of the district.
(b) The court shall determine the following:
(1) Whether the petition is signed by twenty percent (20%) of
the landowners in the proposed district.
(2) Whether the landowners represent at least twenty percent
(20%) of the land in acreage included in the proposed district.
(c) If the court after hearing the evidence finds that a petition has
not been signed as required by this chapter, the court shall dismiss the
petition at the cost of the petitioners.
(d) If the court finds that:
(1) a petition has been signed by twenty percent (20%) of the
owners of land within the proposed district; and
(2) the signers own at least twenty percent (20%) of the land in
acreage;
the finding shall be entered of record and is conclusive upon all
landowners owning land within the district who have been notified
as required by this chapter.
(e) If it further appears to the court that:
(1) the establishment of the proposed district is necessary; or
(2) the district will be useful and a public utility;
the court shall adjudge the district established unless a remonstrance
objecting to the establishment has been filed with the clerk of the
court.
(f) A remonstrance filed under subsection (e) must contain the
names of the following:
(1) Owners of at least two-thirds (2/3) of the acreage described
within the proposed district.
(2) Owners of land abutting on at least fifty-one percent (51%)
of the length of the ditch.
(g) The court shall give the district a distinguishing name.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-11
Drainage commissioners; appointment; qualifications
Sec. 11. (a) The board of commissioners of the county shall
appoint three (3) drainage commissioners to do the following:
(1) Take charge of the maintenance and repair of the dredge
ditch or drain within the district.
(2) Perform other duties assigned to the drainage commissioners
under this chapter.
(b) A drainage commissioner must have the following
qualifications:
(1) Own land in the district.
(2) Reside in the district.
(3) Be an individual of intelligence and good judgment.
(c) If the district is composed of land from more than one (1)
county, the board of commissioners of each county may participate
in the appointment of the drainage commissioners.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-12
Drainage commissioners; terms
Sec. 12. (a) The initial drainage commissioners serve for terms
designated by the board of commissioners of the county as follows:
(1) One (1) drainage commissioner for one (1) year.
(2) One (1) drainage commissioner for two (2) years.
(3) One (1) drainage commissioner for three (3) years.
(b) Upon the expiration of the initial terms, the board of
commissioners of the county shall appoint successors for terms of
three (3) years.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-13
Drainage commissioners; oath
Sec. 13. Before entering upon the discharge of their duties, the
drainage commissioners shall take and subscribe an oath to do the
following:
(1) Faithfully and honestly discharge the duties of office without
favor or partiality.
(2) Give a true account of their work to the board of county
commissioners whenever required to do so by law.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-14
Drainage commissioners; chairman; secretary
Sec. 14. The drainage commissioners:
(1) shall elect one (1) of the drainage commissioners chairman;
and
(2) may elect one (1) of the drainage commissioners secretary.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-15
Drainage commissioners; quorum
Sec. 15. A majority of the drainage commissioners constitutes a
quorum. A quorum is sufficient in any matter within their duties as
drainage commissioners.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-16
Drainage commissioners; filling of vacancies; removal
Sec. 16. (a) Upon the death or removal from the county of a
drainage commissioner, the board of commissioners of the county
shall appoint a successor.
(b) A drainage commissioner is subject to removal for cause upon
written charges filed against the drainage commissioner in the circuit
court.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-17
Drainage commissioners; per diem compensation and traveling
expenses
Sec. 17. (a) A drainage commissioner serves without salary, but
is entitled to be paid from the drainage maintenance fund twenty-five
dollars ($25) per day, not to exceed five hundred dollars ($500)
annually, for every day the drainage commissioner is actively and
necessarily employed in the following:
(1) Going over the district for the purpose of inspecting the land
and ditch and drains in the district.
(2) Preparing the statement of the annual assessment
contemplated.
(b) A drainage commissioner is also entitled to be paid for
traveling expense while engaged in the performance of duties under
this chapter an amount for mileage equal to that amount per mile paid
to state officers and employees.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-18
Maintenance of ditches and drains; labor and materials
Sec. 18. (a) The drainage commissioners:
(1) shall at all times keep and maintain the dredge ditch and
drain in proper condition; and
(2) may, subject to subsection (b), hire all labor, purchase all
material, and do all acts that are necessary and incident to
maintaining the ditch and drain.
(b) An obligation may not be made until the assessments are
levied.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-19
Records of expenses; warrants
Sec. 19. (a) The drainage commissioners shall do the following:
(1) Keep a complete record of their proceedings and note in the
record all expenses incurred in the maintenance and repair of the
ditch and drain.
(2) File with the county auditor an itemized statement showing
the costs and expenses of the maintenance, and specifying the
amounts due and owing to each person.
(b) The county auditor shall draw a warrant on the county
treasurer in favor of each person for the amount due the person. The
amount shall be paid out of the drainage maintenance fund created by
assessments levied on the land benefited by the maintenance and
repair as provided in this chapter.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-20
Fixing of assessment rate
Sec. 20. To raise the drainage maintenance fund, the drainage
commissioners shall meet annually to do the following:
(1) Estimate the amount of money necessary to properly
maintain the ditch and drain for the ensuing year.
(2) Determine what percent that amount is of the total of the last
assessments made and confirmed by the court in the last
proceedings to construct or reconstruct the ditch and drain. The
drainage commissioners shall by resolution fix that percent as
the assessment rate for the ensuing year, subject to the
following:
(A) The assessment rate may not be greater than fifty percent
(50%) of the last assessment.
(B) If, in a year there is an unencumbered balance in the
drainage maintenance fund equal to or greater than four (4)
times the estimated annual cost of the drainage maintenance,
the annual assessment shall be omitted for that year.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-21
Itemized statement of costs of petitioners
Sec. 21. The petitioners for the district shall present an itemized
statement of all costs incurred by the petitioners in petitioning for the
establishment of the district. If the drainage commissioners find the
statement to be true and the expenses to be reasonable, the drainage
commissioners shall include the expenses in the first assessment and
reimburse the petitioners immediately.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-22
Collection of assessments
Sec. 22. (a) The drainage commissioners shall, before November
1 of each year, file with the county auditor a certified copy of the
resolution fixing the assessment rate.
(b) The county auditor shall do the following:
(1) Prepare an assessment duplicate assessing each tract of land
with an amount determined by multiplying the last assessment
on the tract of land made and confirmed by the court in the last
proceedings to construct or reconstruct the ditch by the
assessment rate.
(2) Deliver the assessment duplicate to the county treasurer at
the same time the tax duplicates are delivered. However, if the
amount to be collected is not greater than fifty cents ($0.50), the
county auditor may not deliver the assessment duplicate to the
county treasurer to be collected.
(c) The county treasurer shall collect the assessments in the same
ways as taxes are collected, except that the whole amount is due and
payable and collected at the time of the payment of the spring
installment of taxes. All laws concerning the collection of taxes apply
to enforce the collection of assessments.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-23
Carryover of balance in drainage maintenance fund
Sec. 23. A balance remaining in the drainage maintenance fund at
the end of a year shall be carried forward into the drainage
maintenance fund for the ensuing year.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-24
Dissolution of district; authority
Sec. 24. A district established under this chapter or under
IC 13-2-21 (before its repeal) may be dissolved by order of the court
that established the district in accordance with:
(1) IC 36-9-27-27; or
(2) section 25 of this chapter.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-25
Dissolution of district; petition
Sec. 25. (a) The court shall dissolve the district if it is shown that
a petition for dissolution contains either of the following:
(1) The names of a majority of the drainage commissioners.
(2) The names of:
(A) the owners of at least two-thirds (2/3) of the acreage
described within the district; and
(B) the owners of land abutting on at least fifty-one percent
(51%) of the length of the ditch involved.
(b) A petition of dissolution may not be presented to the court
until the district has been in existence for one (1) year.
(c) If the petition for dissolution is found by the court to be
insufficient, the dissolution proceedings shall be dismissed at the cost
of the petitioners for dissolution.
As added by P.L.1-1995, SEC.20.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
