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Indiana Code Title 14. Natural and Cultural Resources § 14-30.5-3.5-10

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 10. (a) A watershed development commission, the board of the commission, an employee of the commission, or authorized representatives of the commission acting under this chapter may:

(1) enter land lying within a five hundred (500) year flood plain, also known as a two-tenths of one percent (0.2%) annual chance of occurrence flood plain, in the commission's designated watershed;  and

(2) enter other land to gain access to the land described in subdivision (1);

to investigate, examine, and survey the land or investigate suspected violations of the Indiana flood control laws.

(b) Before exercising any of the powers conferred in subsection (a), the commission must give twenty-one (21) days oral or written notice:

(1) to:

(A) an affected landowner;

(B) a contract purchaser;  or

(C) if the land is owned by a municipality, the executive of the municipality;  and

(2) that states:

(A) the purpose of the entry;  and

(B) that there is a right of appeal under this section.

(c) A person described in subsection (b)(1) may, within the twenty-one (21) day notice period under subsection (b), appeal to the commission the proposed necessity for entry.  If an appeal is made, the commission shall hold a hearing on the necessity for right of entry before the right of entry is exercised.

(d) A person acting under subsection (a) must use due care to avoid damage to crops, fences, buildings, or other structures.

(e) A person listed in subsection (a) acting under this chapter does not commit criminal trespass under IC 35-43-2-2.

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Cite this article: FindLaw.com - Indiana Code Title 14. Natural and Cultural Resources § 14-30.5-3.5-10 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-14-natural-and-cultural-resources/in-code-sect-14-30-5-3-5-10/

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