Sec. 25. (a) For the purposes of this chapter: (1) a county surveyor; (2) a member of a drainage board; or (3) an authorized representative of a county surveyor or drainage board; has a right of entry over and upon a tract of land containing a drain or natural surface watercourse that is the subject of a petition filed under this chapter. (b) The right of entry granted by this section is limited to the land lying within seventy-five (75) feet of the drain or natural surface watercourse. The seventy-five (75) feet must be measured at right angles to: (1) the center line of any tiled drain; and (2) the top edge of each bank of an open drain; and (3) the edge of any natural surface watercourse; as determined by the county surveyor. (c) A person exercising a right of entry under this section shall, to the extent possible, use due care to avoid damage to: (1) crops, fences, buildings, and other structures located outside the right-of-way; and (2) crops and approved structures located inside the right-of-way. (d) Before exercising a right of entry under this section, an individual must give oral or written notice of the entry on the land to the property owner of record. The notice must state the purpose for the entry. (e) A right of entry under this section is not criminal trespass under IC 35-43-2-2 , and an individual exercising a right of entry under this section may not be arrested or prosecuted for criminal trespass under IC 35-43-2-2 . IC 36-9-27.8 Chapter 27.8. Subdivision Drain Repair Pilot Program 36-9-27.8-1 "Executive" 36-9-27.8-2 "Fiscal officer" 36-9-27.8-3 "Governing documents" 36-9-27.8-4 "Homeowners association" 36-9-27.8-5 "Subdivision" 36-9-27.8-6 "Subdivision drain" 36-9-27.8-7 "Unit" 36-9-27.8-8 Application of chapter 36-9-27.8-9 Application regardless of whether homeowners association law applies to subdivision 36-9-27.8-10 Authority to enter into contract; requirements 36-9-27.8-11 Mandatory contract provisions 36-9-27.8-12 Right of entry to perform drain repair work 36-9-27.8-13 Workers not trespassing 36-9-27.8-14 Recording of contract 36-9-27.8-15 Duties of fiscal officer 36-9-27.8-16 Assessments; amount and collection 36-9-27.8-17 If balance in account is insufficient 36-9-27.8-18 Unpaid assessments constitute lien 36-9-27.8-19 Attachment of lien to real estate; notice of lien 36-9-27.8-20 Liability of grantee; acquirer of title after mortgage foreclosure not liable 36-9-27.8-21 Enforcement of assessments 36-9-27.8-22 Expiration of authority to enter into contracts
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