§ 8-4-7-10 — Vacation of street or alley

Indiana § 8-4-7-10

• Jurisdiction: Indiana
• Art. 4: ORGANIZATION AND OPERATION OF
• Ch. 7: Incorporation of Union Railway Companies

Text

(a) If any union railway company in carrying
out the powers granted by this chapter considers it necessary that any
part of a street, avenue, or alley in a town or city in which the union
railway is situated should be vacated, it is lawful for the executive and
legislative body of the town, or the legislative body of the city, as the
case may be, to vacate any part of any street, avenue, or alley of the
town or city for the purposes of this chapter.
(b) As a basis of the vacation, the union railway company shall
present to and file with the proper municipal body or bodies of the
town or city its petition, setting forth a description of the part of the
street, avenue, or alley proposed to be vacated, and the purpose for
which the ground is proposed to be used. There must be appended to
the petition, as a part of the basis of the vacation, the written consent
to the granting of the prayer of such petition of the owners in fee simple
of more than one-half (1/2) of the real estate fronting on both sides of
the street or alley, which, or part of which, is proposed to be vacated,
estimated by the frontage in feet upon the street or alley, commencing
at a line drawn across the street or alley equidistant from the termini of
that portion of the street or alley proposed to be vacated, and extending
along the street or alley from the line one thousand five hundred
(1,500) feet in each direction, unless the street, avenue, or alley is not
continuous in either direction from the line one thousand five hundred
(1,500) feet, in which case, the consent of owners shall only be
required for the distance that it is continuous.
(c) Before granting the prayer of the petition, the municipal body or
bodies shall ascertain and determine that the consent of the owners of
the requisite number of front feet has been obtained and the finding
shall be made a matter of record, and is conclusive of the facts so found
in all collateral proceedings.
(d) Before the petition is presented, twenty (20) days notice shall be
given by the union railway company, by publication, by three (3)
insertions in two (2) newspapers of general circulation printed and
published in the town or city in which the union railway may be
situated, setting forth that on a day, to be named in the notice, or at the
next meeting thereafter of the municipal body or bodies, a petition for
the vacation of the portion of the street or alley in question, describing
it, will be presented to the municipal body or bodies for action.
Formerly: Acts 1885, c.20, s.10. As amended by P.L.62-1984,
SEC.52; P.L.8-1989, SEC.50; P.L.136-2018, SEC.90.