CHAPTER 1. LOCATION OR RELOCATION OF COUNTY ROADS
IC 8-20
ARTICLE 20. COUNTY ROADS.LOCATION AND
EMINENT DOMAIN
IC 8-20-1
Chapter 1. Location or Relocation of County Roads
IC 8-20-1-1
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-2
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-3
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-3.1
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-4
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-5
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-6
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-7
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-8
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-9
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-10
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-11
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-12
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-13
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-14
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-15
Right-of-way
Sec. 15. A county highway right-of-way may not be laid out that
is less than twenty (20) feet on each side of the centerline, exclusive
of additional width required for cuts, fills, drainage, utilities, and
public safety.
(Formerly: Acts 1905, c.167, s.15; Acts 1961, c.137, s.1; Acts 1963,
c.123, s.1.) As amended by P.L.66-1984, SEC.118; P.L.86-1988,
SEC.172; P.L.112-1995, SEC.2.
IC 8-20-1-15.5
Apparent right-of-way; establishment
Sec. 15.5. (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.
As added by P.L.62-1992, SEC.1. Amended by P.L.112-1995, SEC.3.
IC 8-20-1-16
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-17
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-18
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-19
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-20
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-21
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-22
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-22.1
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-23
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-24
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-25
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-25.1
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-26
Railroad companies
Sec. 26. (a) Every railroad company may construct its railroad
across any stream, water course, road, highway, railroad, or canal
that it intersects in a manner that does not interfere with the free use
of the road. The railroad company shall restore the stream or water
course, road, highway, or canal intersected to its former state.
(b) When the track crosses a highway, the crossing may be at
grade or the highway may be carried under or over the track. If an
embankment or cutting makes a change in the line of the highway
desirable, the railroad company may take additional lands for the
construction of the highway or new line. When land is taken, it
becomes a part of the highway.
(Formerly: Acts 1905, c.167, s.35.) As amended by P.L.86-1988,
SEC.180.
IC 8-20-1-27
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-28
Public and municipally owned utilities; poles, facilities, appliances,
and fixtures
Sec. 28. Public and municipally owned utilities are authorized to
construct, operate, and maintain their poles, facilities, appliances,
and fixtures upon, along, under, and across any of the public roads,
highways, and waters outside of municipalities, as long as they do
not interfere with the ordinary and normal public use of the roadway,
as defined in IC 9-13-2-157. However, the utility shall review its
plans with the county executive before locating the pole, facility,
appliance, or fixture. The utility may trim any tree along the road or
highway, but may not cut down and remove the tree without the
consent of the abutting property owners, unless the cutting or
removal is required by rule or order of the Indiana utility regulatory
commission. The utility may not locate a pole where it interferes
with the ingress or egress from adjoining land.
(Formerly: Acts 1905, c.167, s.38; Acts 1911, c.161, s.1.) As
amended by P.L.86-1988, SEC.181; P.L.2-1991, SEC.62.
IC 8-20-1-29
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-30
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-31
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-32
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-33
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-34
Bridges within corporate limits of municipalities
Sec. 34. The executive of any county may build or repair any
bridge within the corporate limits of any municipality in the county
in the same manner and paid for out of the same funds as are other
bridges located outside of corporate limits.
(Formerly: Acts 1905, c.167, s.44.) As amended by P.L.86-1988,
SEC.186.
IC 8-20-1-35
Bridges across streams forming county boundary lines
Sec. 35. (a) Whenever public convenience requires the erection,
repair, or purchase of any bridge across a stream forming the
boundary line between two (2) or more counties (and in all cases
where a stream crosses a public highway forming the boundary line
between two (2) or more counties, and where the stream requires a
bridge of more than twenty (20) feet in length) the executive of either
county may aid in the erection, repair, or purchase of the bridge and
shall notify the other county of its intent.
(b) If the executive of the other county also agrees to provide aid,
both executives shall, by concurrent resolution, order the preparation
of a survey, an estimate, plans, and specifications for presentation at
a joint session. The executives shall place the plans and
specifications agreed upon at the meeting on file with the auditor of
the county that first offered to aid in the erection or repair of the
bridge. The auditor shall keep a complete record of all the
proceedings relating to the bridge.
(c) If an executive fails, for a period of thirty (30) days after
receiving notice, to join in the building, repair, or purchase of the
bridge, then the executive of the first county may build, repair, or
purchase the bridge, after first obtaining the written consent of the
landowner in the adjoining county whose land will be occupied by
any part of the bridge.
(d) The county executives shall jointly appoint a person who will
supervise the erection or repair of the bridge, subject to rules adopted
by the executives. The executives may require the individual
supervising the work to give bond in the manner prescribed by
IC 5-4-1.
(e) The executives shall fix the appropriation to pay the cost of the
improvement in a joint resolution.
(f) If any county refuses to join in the improvement of the bridge,
the county desiring the improvements may proceed on its own, and
when the cost does not exceed ten thousand dollars ($10,000), the
county making the improvement may recover from each adjoining
county affected by the improvement the amount that the county
should have paid had it joined in the improvement. If the claim is
litigated, the judgment shall include a reasonable fee for the
plaintiff's attorney.
(g) All executives in advertising for bids, letting contracts, and
requiring affidavits and bonds for bidders and contractors shall
proceed under IC 36-1-12. Each county shall be the owner of an
interest in any bridge erected, repaired, or purchased under this
section.
(Formerly: Acts 1905, c.167, s.45; Acts 1911, c.220, s.1; Acts 1913,
c.74, s.1.) As amended by Acts 1981, P.L.57, SEC.25; P.L.86-1988,
SEC.187; P.L.113-1989, SEC.10.
IC 8-20-1-36
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-37
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-38
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-39
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-40
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-41
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-42
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-43
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-44
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-45
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-46
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-47
Errors in proceedings
Sec. 47. A person may not challenge any proceedings under this
chapter because of an error unless the party is affected by the error.
(Formerly: Acts 1905, c.167, s.57.) As amended by P.L.66-1984,
SEC.122; P.L.86-1988, SEC.198.
IC 8-20-1-48
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-49
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-50
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-50.1
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-51
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-52
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-53
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-54
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-54.1
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-55
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-56
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-57
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-58
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-59
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-60
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-61
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-62
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-63
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-64
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-65
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 8-20-1-66
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-67
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-68
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-20-1-69
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-70
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-71
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-20-1-72
Appeal to circuit court
Sec. 72. Any person aggrieved by any decision of the executive
of any county in any proceeding relating to highways may appeal
within thirty (30) days to the circuit court of the county by filing a
bond. If the proceedings involve more than one (1) county, the appeal
shall be filed in the circuit court of the county where the proceedings
were first instituted. The auditor of each county, when notified of an
appeal by the auditor of the county where the appeal is filed, shall
transmit to the clerk of the court a transcript of all the proceedings in
the county. After the appeal is decided, the clerk shall notify the
auditors of all interested counties. The appeal shall be tried de novo.
The court may make a final determination on the cause appealed, or
may refer the case back to the county with directions on how to
proceed.
(Formerly: Acts 1905, c.167, s.123.) As amended by P.L.66-1984,
SEC.134; P.L.86-1988, SEC.217.