§ 36-7-3-10 — Vacation of plat by owners; written instrument; filing and approval; recording; land outside municipal boundaries excepted from approval; effect; public ways

(a) The owners of land in a plat may vacate
all or part of that plat under:
(1) this section; or
(2) IC 36-7-4-711.
(b) In a case in which all the owners of land in a plat are in
agreement regarding a proposed vacation, the owners may file a written
instrument to vacate all or part of that plat. All the owners of land in
the plat must declare the plat or part of the plat to be vacated in the
written instrument. The instrument must be executed, acknowledged,
and recorded in the same manner as a deed to land.
(c) Before offering the instrument for recording under this section,
an owner must file a copy of the instrument in the county auditor's
office and must submit the instrument vacating all or part of the plat for
the approval of the plan commission that has jurisdiction over the
platted area under IC 36-7-4 or the plat committee acting on behalf of
the plan commission. If no plan commission has jurisdiction over the
platted area under IC 36-7-4, the instrument must be submitted for the
approval of:
(1) the county executive, in the case of land located in an
unincorporated area; or
(2) the municipal works board, in the case of land located inside
the corporate boundaries of a municipality.
The instrument may be approved under this section without notice or
a hearing. The provisions of IC 36-7-4 concerning notice and hearing
do not apply to the approval of an instrument under this section.
(d) The county recorder may record the instrument only if a
certificate showing the approval of the vacation by the plan
commission, county executive, or municipal works board is attached to
it. If the instrument is not executed and approved as required by this
section, it is void.
(e) The owners of land in a plat that is located outside the corporate
boundaries of any municipality may vacate all of the plat without the
approval required by subsections (c) and (d) if no lots have been sold
and no roads constructed in the plat, and all of the owners of land in the
plat declare the plat to be vacated in a written instrument. The
instrument must be executed, acknowledged, and recorded in the same
manner as a deed to land.
(f) An instrument recorded under this section terminates the effect
of the plat or part of the plat declared to be vacated, and it also
terminates all public rights in the public ways and public places
described in the plat or part of the plat. However, a public way that has
been improved, or that is part of an improved plat, may be vacated only
in accordance with section 12 of this chapter or with IC 36-7-4-712,
whichever is applicable.
[Pre-Local Government Recodification Citation:
18-5-10-42.]
As added by Acts 1981, P.L.309, SEC.22. Amended by
P.L.220-1986, SEC.5; P.L.126-2011, SEC.3.