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Indiana Code Title 8. Utilities and Transportation § 8-20-1-15.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 15.5.  (a) As used in this section, “apparent right-of-way” means the location and width of county highway right-of-way for purposes of use and control of the right-of-way by the county executive.

(b) A county executive may establish the apparent right-of-way of a county highway.  However, the width of the apparent right-of-way may not exceed twenty (20) feet on each side of the center line exclusive of additional width required for cuts, fills, drainage, utilities, and public safety.

(c) A county executive that desires to establish the apparent right-of-way of a county highway shall do the following:

(1) Make a preliminary finding of the apparent right-of-way by using the best available evidence, including physical observation from the ground or air.

(2) From the preliminary finding of the apparent right-of-way:

(A) prepare a map and a written description of the apparent right-of-way;

(B) give notice of the preliminary finding by publishing the map and the written description in the manner provided by law;  and

(C) give notice of the preliminary finding by certified mail to the owners of land, according to the records of the county auditor, that abuts the apparent right-of-way.

(3) Conduct a public hearing at which owners of land in the county may:

(A) object to the preliminary finding;

(B) present evidence in support of or in opposition to the preliminary finding;  and

(C) propose changes to the preliminary finding.

(4) After the hearing under subdivision (3), revise the preliminary finding of the apparent right-of-way, if necessary.

(5) Adopt an ordinance to establish the revised finding as the apparent right-of-way.

(6) Record with the county recorder a map and a written description of the apparent right-of-way as established by the ordinance.

(d) The apparent right-of-way of a county highway established under this section is the right-of-way for purposes of use and control of a county highway by the county executive.

(e) If the apparent right-of-way exceeds the legal right-of-way, then the county must proceed under IC 36-1-4-5 and IC 8-20-3-1 to acquire the apparent right-of-way.

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Cite this article: FindLaw.com - Indiana Code Title 8. Utilities and Transportation § 8-20-1-15.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-8-utilities-and-transportation/in-code-sect-8-20-1-15-5/

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