Sec. 37. (a) When instituting proceedings to vacate a regulated drain, the board shall: (1) serve a notice of intention to vacate on all owners of affected land; (2) fix a date for a hearing; (3) receive all objections filed; (4) hold the hearing; and (5) issue an order vacating or reclassifying the drain. (b) A board acting under this section shall: (1) comply with the applicable provisions of sections 49 through 52 of this chapter; and (2) consider section 34(d) of this chapter in determining whether a drain should be vacated. (c) An owner aggrieved by the final order of the board may obtain judicial review of the order under section 106 of this chapter. (d) When a drain is vacated, the county treasurer shall transfer all money in that drain's maintenance fund to the general drain improvement fund. [Pre-Local Government Recodification Citation: 19-4-1-11.]
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