Section 36-9-27-64 - Construction of drains depriving property owners of ingress and egress; damage awards(a) Whenever: (1) a new open drain is to be constructed under this chapter; and(2) the drain will cross a tract of land in such a manner that the owner of the tract will be deprived of ingress and egress to part of the tract unless a private crossing is constructed across the drain; the board shall award damages to the owner in an amount equal to the cost of constructing a proper crossing. In determining the type and quality of the crossing, the board shall consider the use of the inaccessible land, the frequency of the crossing's use, the purpose of the crossing's use, and any other appropriate factors.
(b) When an owner is entitled to damages under subsection (a), the owner may, in lieu of accepting damages awarded by the board, file with the board the owner's written consent to the construction of the crossing as part of the construction of the drain. The county surveyor shall then include the construction of the crossing in the county surveyor's plans and specifications for the drain, but the future maintenance of the crossing will then be the responsibility of the owner.Pre-Local Government Recodification Citation: 19-4-6-6 part.
Amended by P.L. 127-2017,SEC. 352, eff. 7/1/2017.As added by Acts1981 , P.L. 309, SEC.101.