Ind. Code » Title 36
Indiana Code

Ind. Code § 36-9-27-35 (2026)

Submission of classifications and order of work priority of drains to board; notice and hearing on classification and reclassification requests

✓ current as of May 2026
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     Sec. 35. (a) The county surveyor shall submit to the board a written report setting forth the county surveyor's classification of regulated drains in order of priority for action by the board. This report may be made from time to time during the county surveyor's process of classification.

     (b) The board may adopt the classifications and order of work priority as made by the county surveyor, or may modify them.

     (c) If ten percent (10%) of the owners' request the board to classify or reclassify a drain affecting their land, the board shall, after giving notice to all affected owners, conduct a hearing on the request and adopt a proper classification. The notice shall be given by publication in accordance with IC 5-3-1. Notice shall be given to an attorney of record in the manner provided in section 110 of this chapter.

[Pre-Local Government Recodification Citation: 19-4-1-10 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.75; P.L.127-2017, SEC.334.

 

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Smith v. Miller Builders, Inc., 741 N.E.2d 731 (Ind. Ct. App. 2000).
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Smith v. Miller Builders, Inc., 741 N.E.2d 731 (Ind. Ct. App. 2000). · cites it 2× “I.C. § 36-9-27-35(b). Thus, the Surveyor does not act' on behalf of the Board when he performs his statutory duties nor is he subject to the Board’s control in the performance of those duties.”
Ind. Code § 36-9-27-35(b): 1 case
Smith v. Miller Builders, Inc., 741 N.E.2d 731 (Ind. Ct. App. 2000). “I.C. § 36-9-27-35(b). Thus, the Surveyor does not act' on behalf of the Board when he performs his statutory duties nor is he subject to the Board’s control in the performance of those duties.”
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