§ 36-7-3-13 — Vacation of proceedings; filing of remonstrances and objections; grounds; denial of petition

Indiana § 36-7-3-13

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

Text

(a) A remonstrance or objection permitted by
section 12 of this chapter may be filed or raised by any person
aggrieved by the proposed vacation, but only on one (1) or more of the
following grounds:
(1) The vacation would hinder the growth or orderly development
of the unit or neighborhood in which it is located or to which it is
contiguous.
(2) The vacation would make access to the lands of the aggrieved
person by means of public way difficult or inconvenient.
(3) The vacation would hinder the public's access to a church,
school, or other public building or place.
(4) The vacation would hinder the use of a public way by the
neighborhood in which it is located or to which it is contiguous.
(b) If a remonstrance or objection is filed or raised by an aggrieved
person under subsection (a)(2) and:
(1) the lands of the aggrieved person do not abut any other public
way other than the public way to which the vacation petition
applies; or
(2) the vacation of the public way would cause the lands of the
aggrieved person to become landlocked with no other convenient
or reasonable means of ingress or egress via another public way;
the appropriate legislative body shall deny the petition to vacate the
public way.
[Pre-Local Government Recodification Citation:
18-5-10-45.]
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts
1981, P.L.46, SEC.7; Acts 1982, P.L.211, SEC.3; P.L.353-1983,
SEC.1; P.L.126-2011, SEC.4; P.L.38-2021, SEC.86.