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Indiana Code Title 36. Local Government § 36-9-27-61

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

Sec. 61. When the board refers a petition to the county surveyor for a final report under section 60(b) of this chapter, the county surveyor shall do the following:

(1) Make the necessary survey for the proposed drain.

(2) Prepare plans for structures other than bridges or culverts crossing a railroad right-of-way or a highway owned by the state.  In preparing the plans, the county surveyor shall include all appurtenances needed to complete the proposed drain.

(3) Prepare maps showing the location of the land proposed to be assessed.

(4) Prepare profiles showing the cuts and gradient of the proposed work.

(5) Determine the best and cheapest method of drainage, which may be by:

(A) removing obstructions from a natural or artificial watercourse;

(B) diverting a natural or artificial watercourse from its channel;

(C) deepening, widening, or changing the channel of a natural or artificial watercourse;

(D) constructing an artificial channel, with or without arms or branches;

(E) tiling all or part of an open drain;

(F) converting all or part of a tiled drain to an open drain;

(G) constructing a new drain as a part or the whole of the work;  or

(H) any combination of these methods.

(6) Determine and describe the termini, route, location, and character of the proposed work, including grades, bench marks, and all necessary arms.  The county surveyor may vary the line of the work from the line described in the petition, and the county surveyor may fix the beginning and outlet so as to secure the best results.

(7) Divide the proposed drain into sections of not more than one hundred (100) feet in length, and compute and set out the number of cubic yards of excavation in each section.

(8) Estimate the cost of the proposed drain, including construction, seeding or sodding of disturbed areas and the banks of open drains, notices, advertising, and the attorney's fee for the petitioner's attorney.  The amount of the attorney's fee is computed as follows:

(A) If the estimated cost of constructing the drain is less than one thousand five hundred dollars ($1,500), the fee is fifteen percent (15%) of that cost.

(B) If the estimated construction cost is one thousand five hundred dollars ($1,500) or more, but less than twenty-five thousand dollars ($25,000), the fee is two hundred twenty-five dollars ($225) plus five percent (5%) of the amount by which that cost exceeds one thousand five hundred dollars ($1,500).

(C) If the estimated construction cost is twenty-five thousand dollars ($25,000) or more, the fee is one thousand four hundred dollars ($1,400) plus one percent (1%) of the amount by which that cost exceeds twenty-five thousand dollars ($25,000).

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-9-27-61 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-9-27-61/

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