Indiana § 8-20-1-15.5 Apparent right-of-way; establishment

Indiana Statutes

§ 8-20-1-15.5 — Apparent right-of-way; establishment

Indiana § 8-20-1-15.5

Art. 20COUNTY ROADS─LOCATION AND EMINENT

Ch. 1Location or Relocation of County Roads

This text of Indiana § 8-20-1-15.5 (Apparent right-of-way; establishment) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-20-1-15.5 (2026).

Text

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 app

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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.