Indiana § 36-7-3-16 Vacation of platted easements; public utility's use of public way or
place notwithstanding vacation proceedings; waiver

Indiana Statutes

§ 36-7-3-16 — Vacation of platted easements; public utility's use of public way or place notwithstanding vacation proceedings; waiver

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

(a)Platted easements may be vacated in the same manner as public ways and public places, in accordance with section 12 of this chapter or with IC 36-7-4-712, whichever is applicable.

(b)Notwithstanding this article, vacation proceedings do not deprive a public utility of the use of all or part of a public way or public place to be vacated, if, at the time the proceedings are instituted, the utility is occupying and using all or part of that public way or public place for the location and operation of its facilities. However, the utility may waive its rights under this subsection by filing its written consent in the vacation proceedings. [Pre-Local Government Recodification Citation: 18-5-10-51.] As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.7.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Platted easements may be vacated in the
same manner as public ways and public places, in accordance with
section 12 of this chapter or with IC 36-7-4-712, whichever is
applicable.
(b) Notwithstanding this article, vacation proceedings do not
deprive a public utility of the use of all or part of a public way or public
place to be vacated, if, at the time the proceedings are instituted, the
utility is occupying and using all or part of that public way or public
place for the location and operation of its facilities. However, the utility
may waive its rights under this subsection by filing its written consent
in the vacation proceedings.
[Pre-Local Government Recodification Citation:
18-5-10-51.]
As added by Acts 1981, P.L.309, SEC.22. Amended by
P.L.220-1986, SEC.7.

Indiana § 36-7-3-16 (Vacation of platted easements; public utility's use of public way or place notwithstanding vacation proceedings; waiver) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.