Section 36-9-27.4-19 - Additional duties of board; drains(a) If: (1) a petition filed under this chapter concerns a drain; and(2) the drainage board: (A) finds for the petitioner under section 14(a) of this chapter; but(B) does not find under section 15 of this chapter that the obstruction of the drain was created intentionally by any of the respondents; the drainage board shall enter an order under subsection (b).
(b) Upon a determination made under subsection (a), the drainage board shall enter an order: (1) authorizing the petitioner to remove the obstruction;(2) authorizing the respondents to remove the obstruction;(3) directing the county surveyor to remove the obstruction; or(4) directing that the obstruction be removed through the joint efforts of at least two (2) of the persons referred to in this subsection.(c) If an order is issued under subsection (b), the costs of removing the obstruction must be borne by the owners of all the tracts of land that are benefited by the drain. The order of the board must do the following:(1) Identify all tracts of land that are benefited by the drain.(2) Identify the owners of the tracts of land referred to in subdivision (1):(A) who are known to the drainage board; or(B) whose identity can be determined through the records of the county auditor.(3) Apportion the costs of removing the obstruction among the tracts of land that are benefited by the drain, assigning to each tract a certain percentage of the total costs.(4) Order the owners of each tract of land referred to in subdivision (1) to pay an amount equal to the product of the total costs of removing the obstruction multiplied by the percentage assigned to the tract under subdivision (3).(d) The percentage of the total costs assigned to a tract under subsection (c)(3) must correspond to the ratio of the total length of the drain to the length of the particular segment of the drain that benefits the tract.As added by P.L. 239-1996, SEC.3 and P.L. 240-1996, SEC.2. Amended by P.L. 276-2001, SEC.19.