Indiana Code

Ind. Code § 36-9-27-48 (2026)

Construction or reconstruction of drains; relocation of public utility equipment; procedure

✓ current as of May 2026

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Sec. 48. (a) Whenever, in the construction or reconstruction of a regulated drain, the county surveyor determines that:

(1) the proposed drain will cross a pipeline, cable, or similar equipment of a public utility; and

(2) the equipment will interfere with the proper operation of the drain;

the county surveyor shall include in the county surveyor's plans the relocation requirements of the equipment. The county surveyor shall, by registered mail or certified mail, send a copy of the requirements to the public utility owning the equipment.

(b) If requested by the public utility, the county surveyor shall meet with the public utility at a time and place to be fixed by the county surveyor and hear objections to the requirements. After the hearing, the county surveyor may change the requirements as justice may require.

(c) If the board finds that the relocation of a pipeline, cable, or similar equipment owned by a public utility is necessary in the construction or reconstruction of a regulated drain, the cost of relocation shall be paid by the public utility.

[Pre-Local Government Recodification Citation: 19-4-6-3 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.339; P.L.174-2022, SEC.77.

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Panhandle E. Pipe Line Co. v. Madison Cnty. Drainage Bd., 898 F. Supp. 1302 (S.D. Ind. 1995).

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Panhandle E. Pipe Line Co. v. Madison Cnty. Drainage Bd., 898 F. Supp. 1302 (S.D. Ind. 1995). · cites it 12× “In summary, the court concludes that Ind.Code § 36-9-27-48 authorizes the Drainage Board to require Panhandle to pay the cost of reburying its pipelines, but that the law violates the takings clause of the Fifth Amendment as applied to Panhandle under the circumstances of this…”

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