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IN HB1020
Bill
Status
1/6/2015
Primary Sponsor
Ronald Bacon
Click for details
AI Summary
HB 1020 Summary
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Expands obstruction removal law to include streams in addition to existing coverage of drains and natural surface watercourses, effective July 1, 2015.
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Allows landowners adversely affected by stream obstructions to petition the drainage board of the county where the obstruction is located, regardless of whether their own land is in that county.
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Requires county surveyor investigation and drainage board hearing (30-90 days after petition filing) to determine if removal will improve drainage or alleviate adverse effects without causing unreasonable damage to landowners where obstruction exists.
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If obstruction was created intentionally, responsible parties bear removal costs; if unintentional or naturally occurring, costs are shared proportionally among all benefited landowners in the county based on drain/stream segment length benefiting each tract.
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Provides judicial review in circuit or superior court for respondents to challenge drainage board orders on grounds of lack of authority, erroneous findings, insufficient compensation for harm, or procedural violations.
Legislative Description
Removal of obstructions from streams. Amends the law providing for the removal of obstructions from mutual drains and natural surface watercourses to make the law apply also to the removal of obstructions from streams. Provides that the owner of a tract of land that is adversely affected by an obstruction in a stream may petition the drainage board of the county in which the obstruction is located for the removal of the obstruction, even if the owner's tract of land is not located in the county in which the obstruction is located. Provides for an investigation by the county surveyor
Last Action
Representative Niezgodski added as coauthor
1/14/2015