Indiana § 36-9-27-28 - Drains maintained by certain associations; assumption of jurisdiction by board; procedure
Full text of Indiana Indiana Code § 36-9-27-28 — Drains maintained by certain associations; assumption of jurisdiction by board; procedure, with citation guidance and answers to common questions.
§ 36-9-27-28. Drains maintained by certain associations; assumption of jurisdiction by board; procedure
Sec. 28. (a) A written statement alleging that an association established under Acts 1913, c. 165 for the purpose of maintaining and repairing a drain is not active and is not properly maintaining the drain may be filed with the board by:
(1) members of the association who own fifty-one percent (51%) in area of the land within the jurisdiction of the association; or
(2) fifty-one percent (51%) of the members of the association.
When the statement is filed, the board may notify the association of its intention to declare the drain to be subject to this chapter.
(b) The notice must fix a date, time, and place for a hearing on the matter, and shall be:
(1) served personally or by registered mail upon any director or officer of the association who did not sign the statement filed with the board; or
(2) published in accordance with IC 5-3-1, if such a director or officer cannot be found.
(c) On or before the date of the hearing, any member of the association may file written evidence with the board.
(d) If the board finds that the allegations in the statement are true, it shall issue an order declaring the drain to be a regulated drain that is subject to this chapter. The finding and order shall be marked filed and shall be announced publicly at the hearing. The board shall then publish a notice setting forth its order in accordance with IC 5-3-1. Judicial review of the order under section 106 of this chapter may be requested by any member of the association within twenty (20) days after publication of the notice. The drain becomes subject to this chapter when the order becomes final and conclusive.
(e) If the board finds that the allegations in the statement are not true, it shall dismiss the proceedings.
[Pre-Local Government Recodification Citation: 19-4-5-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.74.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-9-27-28
What does Indiana Code § 36-9-27-28 cover?
Section 36-9-27-28 ("Drains maintained by certain associations; assumption of jurisdiction by board; procedure") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 36-9-27-28?
A common citation format is "Indiana Code § 36-9-27-28" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 36-9-27-28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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