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.
As added by P.L.62-1992, SEC.1. Amended by P.L.112-1995, SEC.3.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.