IC 8-1-15
    Chapter 15. Water Utilities.Vacation or Relocation of Roads

IC 8-1-15-1
Petition for vacation
    Sec. 1. Any corporation organized under the laws of the state ofIndiana and authorized by its articles of incorporation to furnishwater to any town or city or the inhabitants thereof, through oradjoining whose land any highway has heretofore been located andestablished, which desires to vacate or to relocate such highway ora portion thereof, may file with the circuit or a superior court in thecounty in which such lands or the major part thereof are located, itspetition setting forth the following:
    (a) The name of the petitioner.
    (b) A distinct description of the highway or part thereof whichpetitioner seeks to be vacated or relocated and in case of relocation,a distinct description of the proposed new route, which may be overexisting highways or right-of-way.
    (c) A statement that petitioner has determined that such vacationor relocation is reasonably necessary or desirable in connection withpetitioner's construction or maintenance of an impounding waterreservoir.
    (d) A statement that said vacation or relocation of said highwayor portion thereof will not increase by more than four (4) miles thedistance necessary for anyone to travel over highways which are orwill be substantially similar to that proposed to be vacated orrelocated.
    (e) In case of vacation, the names and addresses of owners of theabutting land affected by the vacation proceedings.
(Formerly: Acts 1959, c.196, s.1.)

IC 8-1-15-2
Hearing on petition
    Sec. 2. Upon the filing of the petition described in section 1 ofthis chapter, the court shall set a time for hearing not less thanfourteen (14) days nor more than twenty-one (21) days thereafter andnotice shall be given of the filing of said petition and the time set forhearing thereof by publication for two (2) full weeks in somenewspaper, daily or daily except Sunday, of general circulation ineach county wherein any portion of said highway is located. Thenotice shall be directed to the inhabitants of said county or countiesand shall set forth a description of the highway or portion thereofwhich petitioner seeks to be vacated or relocated and in case ofrelocation, a distinct description of the proposed new route shall begiven. A copy of the notice shall be personally served on the boardof commissioners of each county in which said highway or anyportion thereof is located in the same manner as a summons is servedin civil cases. In case of vacation, the clerk of the court shall alsosend a copy of the published notice by registered mail to each of theowners of the abutting land affected by the vacation proceedings as

set out in the petition, provided that the attorney of record who filessaid vacation proceedings shall deliver to said clerk sufficientpostage and copies of the published notice to cover the mailing tosuch abutting owners.
(Formerly: Acts 1959, c.196, s.2.) As amended by P.L.59-1984,SEC.72.

IC 8-1-15-3
Aggrieved persons; filing written remonstrance
    Sec. 3. Any person feeling himself aggrieved by the proposedvacation or relocation may file a written remonstrance with the courtat any time prior to the time set forth for hearing upon any one ormore of the following grounds and no other to wit:
    (a) That the highway or portion thereof proposed to be vacated orrelocated is necessary to the growth of the county or counties inwhich it is located.
    (b) That the proposed vacation or relocation will leave the realestate of the remonstrant without means of ingress or egress by apublic highway.
    (c) That such vacation or relocation will deny the public access tosome public building, church or school or public grounds.
    (d) That the material allegations of the petition or any of them arenot true.
(Formerly: Acts 1959, c.196, s.3.)

IC 8-1-15-4
Order granting or denying petition
    Sec. 4. If no such remonstrance shall be filed in writing with thecourt before the time set for hearing, the court shall grant the prayerof the petition. If remonstrance thereto be made, the court shall setthe time for hearing and trial by the court and if the facts alleged insaid petition are found true and the facts in said remonstrance arefound not true the court shall overrule the remonstrance and grant theprayer of the petition. In either case, all costs of the proceedings shallbe paid by the petitioner.
(Formerly: Acts 1959, c.196, s.4.)