Indiana § 8-20-1-15.5 - Apparent right-of-way; establishment

§ 8-20-1-15.5. Apparent right-of-way; establishment

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.