CHAPTER 8. DRAINAGE DISTRICTS
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 establishedand 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 drainagemaintenance 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 thefollowing:
(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 ofa 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 drainagemaintenance and repair district under this chapter may not be filedafter June 30, 2001.
(b) Twenty percent (20%) of the owners of the real propertyassessed 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 inacreage that is assessed for the ditch or drain;
may file, in the office of the clerk of a circuit or superior courthaving jurisdiction in the county in which is located the greatestacreage of the land as last assessed with benefits for the constructionor reconstruction of the ditch, a petition requesting the establishmentof 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 thefollowing:
(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 thedistrict is proposed to keep in repair and to properly maintain.
(3) State that the maintenance and repair of the ditch or drain isa work of necessity or public utility and can be bestaccomplished 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 acity or town, the legislative body of the city or town may, afterdetermining whether the city or town and the owners of land locatedin the city or town that would be included in the proposed districtwould benefit by the district, sign the petition. If a petition is signedby the legislative body, the petition shall be treated as if the petitionwere signed by all owners of land located in the city or town in theproposed 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 ofthis chapter, the clerk of the court shall do the following:
(1) Fix by endorsement upon the petition a day in the next termof the court, not less than twenty (20) days later than the date ofthe filing of the petition, for the hearing.
(2) Give notice of the filing and hearing at least ten (10) daysbefore the day fixed for the hearing as follows:
(A) By summons, which shall be served by United Statesmail, return receipt requested.
(B) For owners of land in the city or town, by reading to thelegislative body of the city or town or a majority of themembers.
(C) By posting notice in five (5) of the most public placeswithin the proposed district.
(D) By posting one (1) notice at the door of the courthousein the county in which the petition is filed.
(E) For nonresidents of Indiana, by publication one (1) timein a newspaper of general circulation in the county.
(b) When notified under subsection (a), the legislative body shallmake every reasonable effort to see that landowners in the city ortown included in the proposed district are informed of the proposeddistrict.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-8
Petition to establish district; notice of hearing to residentlandowners Sec. 8. Notice given under section 7 of this chapter must state thefollowing:
(1) The date of the filing.
(2) The time and place of the hearing.
(3) The fact that the petition requests the establishment of adistrict.
(4) The name and a general description of the dredge ditch ordrain 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 nonresidentlandowners
Sec. 9. (a) If a landowner in the proposed district is not a residentof one (1) of the counties in which the proposed district will lie, thepetitioners shall file in the clerk's office with the petition an affidavitthat 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, statesthat diligent inquiry has been made to ascertain the address buthas not been able to do so.
(b) The clerk shall mail a copy of the notice to every nonresidentlandowner whose post office address is stated in the affidavit notlater 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 ofthis chapter, an owner of real property within the proposed districtmay appear and contest the necessity for or utility of theestablishment of the district.
(b) The court shall determine the following:
(1) Whether the petition is signed by twenty percent (20%) ofthe 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 hasnot been signed as required by this chapter, the court shall dismissthe petition at the cost of the petitioners.
(d) If the court finds that:
(1) a petition has been signed by twenty percent (20%) of theowners of land within the proposed district; and
(2) the signers own at least twenty percent (20%) of the land inacreage;
the finding shall be entered of record and is conclusive upon alllandowners owning land within the district who have been notifiedas 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 remonstranceobjecting to the establishment has been filed with the clerk of thecourt.
(f) A remonstrance filed under subsection (e) must contain thenames of the following:
(1) Owners of at least two-thirds (2/3) of the acreage describedwithin 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 shallappoint three (3) drainage commissioners to do the following:
(1) Take charge of the maintenance and repair of the dredgeditch or drain within the district.
(2) Perform other duties assigned to the drainage commissionersunder this chapter.
(b) A drainage commissioner must have the followingqualifications:
(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 participatein 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 termsdesignated 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 ofcommissioners of the county shall appoint successors for terms ofthree (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, thedrainage commissioners shall take and subscribe an oath to do thefollowing:
(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 countycommissioners 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 aquorum. A quorum is sufficient in any matter within their duties asdrainage 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 adrainage commissioner, the board of commissioners of the countyshall appoint a successor.
(b) A drainage commissioner is subject to removal for cause uponwritten charges filed against the drainage commissioner in the circuitcourt.
As added by P.L.1-1995, SEC.20.
IC 14-27-8-17
Drainage commissioners; per diem compensation and travelingexpenses
Sec. 17. (a) A drainage commissioner serves without salary, butis entitled to be paid from the drainage maintenance fund twenty-fivedollars ($25) per day, not to exceed five hundred dollars ($500)annually, for every day the drainage commissioner is actively andnecessarily employed in the following:
(1) Going over the district for the purpose of inspecting the landand ditch and drains in the district.
(2) Preparing the statement of the annual assessmentcontemplated.
(b) A drainage commissioner is also entitled to be paid fortraveling expense while engaged in the performance of duties underthis chapter an amount for mileage equal to that amount per mile paidto 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 anddrain in proper condition; and
(2) may, subject to subsection (b), hire all labor, purchase allmaterial, and do all acts that are necessary and incident tomaintaining the ditch and drain.
(b) An obligation may not be made until the assessments arelevied.
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 therecord all expenses incurred in the maintenance and repair ofthe ditch and drain.
(2) File with the county auditor an itemized statement showingthe costs and expenses of the maintenance, and specifying theamounts due and owing to each person.
(b) The county auditor shall draw a warrant on the countytreasurer in favor of each person for the amount due the person. Theamount shall be paid out of the drainage maintenance fund createdby assessments levied on the land benefited by the maintenance andrepair 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 drainagecommissioners shall meet annually to do the following:
(1) Estimate the amount of money necessary to properlymaintain the ditch and drain for the ensuing year.
(2) Determine what percent that amount is of the total of the lastassessments made and confirmed by the court in the lastproceedings to construct or reconstruct the ditch and drain. Thedrainage commissioners shall by resolution fix that percent asthe assessment rate for the ensuing year, subject to thefollowing:
(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 thedrainage 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 itemizedstatement of all costs incurred by the petitioners in petitioning for the
establishment of the district. If the drainage commissioners find thestatement to be true and the expenses to be reasonable, the drainagecommissioners shall include the expenses in the first assessment andreimburse 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 November1 of each year, file with the county auditor a certified copy of theresolution fixing the assessment rate.
(b) The county auditor shall do the following:
(1) Prepare an assessment duplicate assessing each tract of landwith an amount determined by multiplying the last assessmenton the tract of land made and confirmed by the court in the lastproceedings to construct or reconstruct the ditch by theassessment rate.
(2) Deliver the assessment duplicate to the county treasurer atthe same time the tax duplicates are delivered. However, if theamount to be collected is not greater than fifty cents ($0.50), thecounty auditor may not deliver the assessment duplicate to thecounty treasurer to be collected.
(c) The county treasurer shall collect the assessments in the sameways as taxes are collected, except that the whole amount is due andpayable and collected at the time of the payment of the springinstallment of taxes. All laws concerning the collection of taxesapply 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 atthe end of a year shall be carried forward into the drainagemaintenance 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 underIC 13-2-21 (before its repeal) may be dissolved by order of the courtthat 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 thata 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 acreagedescribed 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 courtuntil the district has been in existence for one (1) year.
(c) If the petition for dissolution is found by the court to beinsufficient, the dissolution proceedings shall be dismissed at thecost of the petitioners for dissolution.
As added by P.L.1-1995, SEC.20.