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.
‹ Prev All Indiana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.