§ 36-7-3-12 — Vacation of public way or place; petition; notice; hearing; adoption of ordinance; appeals

Indiana § 36-7-3-12

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 3: Platting and Vacation of Real Property

Text

(a) Persons who:
(1) own or are interested in any lots or parts of lots; and
(2) want to vacate all or part of a public way or public place in or
contiguous to those lots or parts of lots;
may file a petition for vacation with the legislative body of:
(A) a municipality, if all or any part of the public way or public
place to be vacated is located within the corporate boundaries
of that municipality; or
(B) the county, if all or the only part of the public way or public
place to be vacated is located outside the corporate boundaries
of a municipality.
(b) Notice of the petition must be given in the manner prescribed by
subsection (c). The petition must:
(1) state the circumstances of the case;
(2) specifically describe the property proposed to be vacated; and
(3) give the names and addresses of all owners of land that abuts
the property proposed to be vacated.
(c) The legislative body shall hold a hearing on the petition within
thirty (30) days after it is received. The clerk of the legislative body
shall give notice of the petition and of the time and place of the
hearing:
(1) in the manner prescribed in IC 5-3-1; and
(2) by certified mail to each owner of land that abuts the property
proposed to be vacated.
The petitioner shall pay the expense of providing this notice.
(d) The hearing on the petition is subject to IC 5-14-1.5. At the
hearing, any person aggrieved by the proposed vacation may object to
it as provided by section 13 of this chapter.
(e) After the hearing on the petition, the legislative body may, by
ordinance, vacate the public way or public place. The clerk of the
legislative body shall furnish a copy of each vacation ordinance to the
county recorder for recording and to the county auditor.
(f) Within thirty (30) days after the adoption of a vacation
ordinance, any aggrieved person may appeal the ordinance to the
circuit court, superior court, or probate court of the county. The court
shall try the matter de novo and may award damages.
[Pre-Local Government Recodification Citations:
18-5-10-44; 18-5-10-50 part.]
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts
1981, P.L.46, SEC.6; Acts 1982, P.L.211, SEC.2; P.L.84-2016,
SEC.178.