Indiana Code

Ind. Code § 36-9-27-50 (2026)

Reconstruction of drains; preparation of schedule of assessments and damages

✓ current as of May 2026

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Sec. 50. When the county surveyor files a reconstruction report, the county surveyor shall consult with the board, and the board shall take the following actions:

(1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the reconstruction, and the name and address of the owner of the land. The name, address, and description shall be taken from the county surveyor's report. The board shall enter in the assessment schedule the percentage of the total cost of the reconstruction to be assessed against each tract of land, with the percentage to be based upon the benefit accruing to the land from the reconstruction. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.

(2) Determine the amount of damages sustained by any owner as a result of the reconstruction, and prepare a schedule of damages containing:

(A) the name and address of each owner determined to be damaged and a description of the owner's land, as shown by the county surveyor's report;

(B) the amount of each owner's damages; and

The county surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in the county surveyor's report, and the result constitutes the total estimated cost of the reconstruction.

(3) Set forth the amount of each owner's assessment based on the total estimated cost of the reconstruction.

(4) Set forth the amount of each owner's annual assessment based on the estimated periodic maintenance cost of the reconstruction. The percentage used in computing the annual assessment may, but need not be, the same for each tract of land as the percentage used in computing the general assessment.

The board may consider the factors listed in section 112 of this chapter in preparing the schedules.

[Pre-Local Government Recodification Citation: 19-4-3-2.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.341.

Notes of Decisions

Cited in 3 cases, 1995–2012 · leading case: Thomas R. Crowel v. Marshall Cnty. Drainage Bd., 971 N.E.2d 638 (Ind. 2012).

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Thomas R. Crowel v. Marshall Cnty. Drainage Bd., 971 N.E.2d 638 (Ind. 2012). · cites it 8× “I.C. § 36-9-27-50. 4 The disputed issue concerns which factors a drainage board may consider in determining whether a parcel of land is benefited—specifically, whether a drainage board may ascribe a benefit to land solely on the basis that surface water naturally flows off the…”

Crowel v. Marshall Cnty. Drainage Bd., 951 N.E.2d 290 (Ind. Ct. App. 2011). · cites it 12× “Ind.Code § 36-9-27-50 (2006) (emphasis added).”

Panhandle E. Pipe Line Co. v. Madison Cnty. Drainage Bd., 898 F. Supp. 1302 (S.D. Ind. 1995). · cites it 6× “Ind.Code § 36-9-27-50(1). The drainage board must then determine the amount of damages to any owner that will result from the reconstruction.”

— Ind. Code § 36-9-27-50(1) — 2 cases

Thomas R. Crowel v. Marshall Cnty. Drainage Bd., 971 N.E.2d 638 (Ind. 2012). “I.C. § 36-9-27-50. 4 The disputed issue concerns which factors a drainage board may consider in determining whether a parcel of land is benefited—specifically, whether a drainage board may ascribe a benefit to land solely on the basis that surface water naturally flows off the…”

Panhandle E. Pipe Line Co. v. Madison Cnty. Drainage Bd., 898 F. Supp. 1302 (S.D. Ind. 1995). “Ind.Code § 36-9-27-50(1). The drainage board must then determine the amount of damages to any owner that will result from the reconstruction.”

— Ind. Code § 36-9-27-50(2) — 1 case

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