§ 8-23-4-9 — Abandonment of rights-of-way; reversion or release; consideration

Indiana § 8-23-4-9

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 4: General Highway, Road, and Street Provisions

Text

(a) Whenever the department determines that a
part of a right-of-way of a highway will not be needed for highway,
street, or road purposes, or to reach the premises of a person other than
the owner of the original right-of-way, the commissioner may, by
executive order, declare that part of the right-of-way to be no longer
useful or necessary for a highway purpose.
(b) A part of a right-of-way subject to an order under subsection (a)
ceases to be a public highway and reverts to the person lawfully
entitled to the reversion.
(c) If the department acquired the right-of-way subject to an order
under subsection (a) by purchase, the department shall demand a
consideration in money for the release of the right-of-way, and the
release becomes final only upon payment of the consideration. A
payment under this subsection shall be credited to the account of the
department and allocated to the fund out of which the right-of-way was
purchased. The amount of consideration must be equal to the fair
market value of the right-of-way as determined by appraisers employed
by the department.

Legislative History

As added by P.L.18-1990, SEC.213.