CHAPTER 1. LOCATION OR RELOCATION OF COUNTY ROADS
IC 8-20
ARTICLE 20. COUNTY ROADS.LOCATION ANDEMINENT 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Repealed
(Repealed by P.L.113-1989, SEC.11.)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Repealed
(Repealed by P.L.113-1989, SEC.11.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.113-1989, SEC.11.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.113-1989, SEC.11.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.86-1988, SEC.227.)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Repealed
(Repealed by P.L.113-1989, SEC.11.)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 thatis less than twenty (20) feet on each side of the centerline, exclusiveof additional width required for cuts, fills, drainage, utilities, andpublic 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 forpurposes of use and control of the right-of-way by the countyexecutive.
(b) A county executive may establish the apparent right-of-way ofa county highway. However, the width of the apparent right-of-waymay not exceed twenty (20) feet on each side of the center lineexclusive of additional width required for cuts, fills, drainage,utilities, and public safety.
(c) A county executive that desires to establish the apparentright-of-way of a county highway shall do the following:
(1) Make a preliminary finding of the apparent right-of-way byusing the best available evidence, including physicalobservation 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 apparentright-of-way;
(B) give notice of the preliminary finding by publishing themap and the written description in the manner provided bylaw; and
(C) give notice of the preliminary finding by certified mailto 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 thecounty may:
(A) object to the preliminary finding;
(B) present evidence in support of or in opposition to thepreliminary finding; and
(C) propose changes to the preliminary finding.
(4) After the hearing under subdivision (3), revise thepreliminary finding of the apparent right-of-way, if necessary.
(5) Adopt an ordinance to establish the revised finding as theapparent right-of-way.
(6) Record with the county recorder a map and a writtendescription of the apparent right-of-way as established by theordinance.
(d) The apparent right-of-way of a county highway establishedunder this section is the right-of-way for purposes of use and controlof 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 toacquire 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 railroadacross any stream, water course, road, highway, railroad, or canalthat it intersects in a manner that does not interfere with the free useof the road. The railroad company shall restore the stream or watercourse, road, highway, or canal intersected to its former state.
(b) When the track crosses a highway, the crossing may be atgrade or the highway may be carried under or over the track. If anembankment or cutting makes a change in the line of the highwaydesirable, the railroad company may take additional lands for theconstruction of the highway or new line. When land is taken, itbecomes 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 toconstruct, 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 donot interfere with the ordinary and normal public use of the roadway,as defined in IC 9-13-2-157. However, the utility shall review itsplans with the county executive before locating the pole, facility,
appliance, or fixture. The utility may trim any tree along the road orhighway, but may not cut down and remove the tree without theconsent of the abutting property owners, unless the cutting orremoval is required by rule or order of the Indiana utility regulatorycommission. The utility may not locate a pole where it interfereswith the ingress or egress from adjoining land.
(Formerly: Acts 1905, c.167, s.38; Acts 1911, c.161, s.1.) Asamended 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 anybridge within the corporate limits of any municipality in the countyin the same manner and paid for out of the same funds as are otherbridges 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 theboundary line between two (2) or more counties (and in all caseswhere a stream crosses a public highway forming the boundary linebetween two (2) or more counties, and where the stream requires abridge of more than twenty (20) feet in length) the executive of eithercounty may aid in the erection, repair, or purchase of the bridge andshall 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 ata joint session. The executives shall place the plans andspecifications agreed upon at the meeting on file with the auditor ofthe county that first offered to aid in the erection or repair of thebridge. The auditor shall keep a complete record of all theproceedings relating to the bridge.
(c) If an executive fails, for a period of thirty (30) days afterreceiving notice, to join in the building, repair, or purchase of thebridge, then the executive of the first county may build, repair, orpurchase the bridge, after first obtaining the written consent of thelandowner in the adjoining county whose land will be occupied byany part of the bridge.
(d) The county executives shall jointly appoint a person who willsupervise the erection or repair of the bridge, subject to rules adoptedby the executives. The executives may require the individualsupervising the work to give bond in the manner prescribed byIC 5-4-1.
(e) The executives shall fix the appropriation to pay the cost of theimprovement 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, andwhen the cost does not exceed ten thousand dollars ($10,000), thecounty making the improvement may recover from each adjoiningcounty affected by the improvement the amount that the countyshould have paid had it joined in the improvement. If the claim islitigated, the judgment shall include a reasonable fee for theplaintiff's attorney.
(g) All executives in advertising for bids, letting contracts, andrequiring affidavits and bonds for bidders and contractors shallproceed under IC 36-1-12. Each county shall be the owner of aninterest in any bridge erected, repaired, or purchased under thissection.
(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 thischapter 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 executiveof any county in any proceeding relating to highways may appealwithin thirty (30) days to the circuit court of the county by filing abond. If the proceedings involve more than one (1) county, the appealshall be filed in the circuit court of the county where the proceedingswere first instituted. The auditor of each county, when notified of anappeal by the auditor of the county where the appeal is filed, shalltransmit to the clerk of the court a transcript of all the proceedings in
the county. After the appeal is decided, the clerk shall notify theauditors of all interested counties. The appeal shall be tried de novo.The court may make a final determination on the cause appealed, ormay refer the case back to the county with directions on how toproceed.
(Formerly: Acts 1905, c.167, s.123.) As amended by P.L.66-1984,SEC.134; P.L.86-1988, SEC.217.