CHAPTER 8. TEMPORARY CLOSING OF COUNTY ROADS

IC 8-20-8
    Chapter 8. Temporary Closing of County Roads

IC 8-20-8-1
Time limit; joint action; petition to relocate or permanently closeroad
    Sec. 1. The county executive may temporarily close or relocate aroad or a portion of a road that is part of that county's road system fora period not exceeding five (5) years. If the road is located on acounty line or if parts of the road are located in more than one (1)county, the road may only be closed under this section by the jointaction of the executives of all the counties. The order to temporarilyclose or relocate may be extended in increments of not more than two(2) years. If a road has been closed or relocated for three (3) or moreyears under this section, a person who filed the petition under section2 of this chapter to temporarily close or relocate a road may file asecond petition in accordance with this chapter to permanently closeor relocate that same road.
As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988,SEC.220.

IC 8-20-8-2
Petition to close road
    Sec. 2. Any person controlling the use of land contiguous to aroad may file a petition with the executive to close the road underthis chapter.
As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988,SEC.221.

IC 8-20-8-3
Requisites of petition
    Sec. 3. A petition to temporarily or permanently close or relocatea road must include:
        (1) the name and address of each petitioner;
        (2) the name of the county and township where the road islocated;
        (3) an exact description of the portion of the road to be closedor relocated;
        (4) the length of time the road is to be closed or relocated; and
        (5) any detours or alternate routes needed to avoid anunreasonable interference with the flow of traffic on the countyroad system.
As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988,SEC.222; P.L.3-1989, SEC.68.

IC 8-20-8-4
Findings and proceedings meriting temporary closure orrelocation; permanent closure or relocation
    Sec. 4. (a) The county executive may temporarily close or relocatethe road in response to the petition if:        (1) the executive finds that closing or relocating the road is inthe public interest and economic interest of the county;
        (2) the executive finds that closing or relocating the road willnot unreasonably interfere with the flow of traffic on the countyroad system;
        (3) the petitioner has filed with the county executive a suretybond, in an amount fixed by the executive, payable to thecounty and conditioned on the payment of damages which thecounty may sustain or the restoration of the closed or relocatedroad;
        (4) the plans for the restoration and reconstruction of the road(if the executive elects to have the closed or relocated roadrestored) are approved by the executive; and
        (5) the executive and the petitioner sign a written documentstating the terms of the agreement for temporarily closing orrelocating the road.
    (b) The county executive may permanently close or permanentlyrelocate the road in response to the petition if:
        (1) the executive finds that closing or relocating the road is inthe public and economic interest of the county;
        (2) the executive finds that closing or relocating the road willnot unreasonably interfere with the flow of traffic on the countyroad system; and
        (3) the executive and the petitioner sign a written documentstating the terms of the agreement for permanently closing orrelocating the road.
As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988,SEC.223.

IC 8-20-8-5
Authority supplementary to vacation; powers of board
    Sec. 5. The authority granted the board of commissioners underthis chapter supplements and does not replace the authority the boardmay have under law to permanently vacate a road or street or to closea road or street for routine maintenance and repair.
As added by Acts 1979, P.L.97, SEC.1.

IC 8-20-8-6
Copy of petition to contiguous landowners
    Sec. 6. The petitioner shall send a copy of the petition by certifiedmail to each owner of property contiguous to the road.
As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988,SEC.224.

IC 8-20-8-7
Chapter not applicable to obstructions or closings beforeSeptember 1, 1979
    Sec. 7. This chapter does not apply to any temporary obstructionor closing of any county road by any board of commissioners beforeSeptember 1, 1979.As added by Acts 1979, P.L.97, SEC.1.