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 of
Indiana and authorized by its articles of incorporation to furnish
water to any town or city or the inhabitants thereof, through or
adjoining whose land any highway has heretofore been located and
established, which desires to vacate or to relocate such highway or
a portion thereof, may file with the circuit or a superior court in the
county in which such lands or the major part thereof are located, its
petition setting forth the following:
(a) The name of the petitioner.
(b) A distinct description of the highway or part thereof which
petitioner seeks to be vacated or relocated and in case of relocation,
a distinct description of the proposed new route, which may be over
existing highways or right-of-way.
(c) A statement that petitioner has determined that such vacation
or relocation is reasonably necessary or desirable in connection with
petitioner's construction or maintenance of an impounding water
reservoir.
(d) A statement that said vacation or relocation of said highway
or portion thereof will not increase by more than four (4) miles the
distance necessary for anyone to travel over highways which are or
will be substantially similar to that proposed to be vacated or
relocated.
(e) In case of vacation, the names and addresses of owners of the
abutting 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 of
this chapter, the court shall set a time for hearing not less than
fourteen (14) days nor more than twenty-one (21) days thereafter and
notice shall be given of the filing of said petition and the time set for
hearing thereof by publication for two (2) full weeks in some
newspaper, daily or daily except Sunday, of general circulation in
each county wherein any portion of said highway is located. The
notice shall be directed to the inhabitants of said county or counties
and shall set forth a description of the highway or portion thereof
which petitioner seeks to be vacated or relocated and in case of
relocation, a distinct description of the proposed new route shall be
given. A copy of the notice shall be personally served on the board
of commissioners of each county in which said highway or any
portion thereof is located in the same manner as a summons is served
in civil cases. In case of vacation, the clerk of the court shall also
send a copy of the published notice by registered mail to each of the
owners of the abutting land affected by the vacation proceedings as
set out in the petition, provided that the attorney of record who files
said vacation proceedings shall deliver to said clerk sufficient
postage and copies of the published notice to cover the mailing to
such 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 proposed
vacation or relocation may file a written remonstrance with the court
at any time prior to the time set forth for hearing upon any one or
more of the following grounds and no other to wit:
(a) That the highway or portion thereof proposed to be vacated or
relocated is necessary to the growth of the county or counties in
which it is located.
(b) That the proposed vacation or relocation will leave the real
estate of the remonstrant without means of ingress or egress by a
public highway.
(c) That such vacation or relocation will deny the public access to
some public building, church or school or public grounds.
(d) That the material allegations of the petition or any of them are
not 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 the
court before the time set for hearing, the court shall grant the prayer
of the petition. If remonstrance thereto be made, the court shall set
the time for hearing and trial by the court and if the facts alleged in
said petition are found true and the facts in said remonstrance are
found not true the court shall overrule the remonstrance and grant the
prayer of the petition. In either case, all costs of the proceedings shall
be paid by the petitioner. (Formerly: Acts 1959, c.196, s.4.)
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 of
Indiana and authorized by its articles of incorporation to furnish
water to any town or city or the inhabitants thereof, through or
adjoining whose land any highway has heretofore been located and
established, which desires to vacate or to relocate such highway or
a portion thereof, may file with the circuit or a superior court in the
county in which such lands or the major part thereof are located, its
petition setting forth the following:
(a) The name of the petitioner.
(b) A distinct description of the highway or part thereof which
petitioner seeks to be vacated or relocated and in case of relocation,
a distinct description of the proposed new route, which may be over
existing highways or right-of-way.
(c) A statement that petitioner has determined that such vacation
or relocation is reasonably necessary or desirable in connection with
petitioner's construction or maintenance of an impounding water
reservoir.
(d) A statement that said vacation or relocation of said highway
or portion thereof will not increase by more than four (4) miles the
distance necessary for anyone to travel over highways which are or
will be substantially similar to that proposed to be vacated or
relocated.
(e) In case of vacation, the names and addresses of owners of the
abutting 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 of
this chapter, the court shall set a time for hearing not less than
fourteen (14) days nor more than twenty-one (21) days thereafter and
notice shall be given of the filing of said petition and the time set for
hearing thereof by publication for two (2) full weeks in some
newspaper, daily or daily except Sunday, of general circulation in
each county wherein any portion of said highway is located. The
notice shall be directed to the inhabitants of said county or counties
and shall set forth a description of the highway or portion thereof
which petitioner seeks to be vacated or relocated and in case of
relocation, a distinct description of the proposed new route shall be
given. A copy of the notice shall be personally served on the board
of commissioners of each county in which said highway or any
portion thereof is located in the same manner as a summons is served
in civil cases. In case of vacation, the clerk of the court shall also
send a copy of the published notice by registered mail to each of the
owners of the abutting land affected by the vacation proceedings as
set out in the petition, provided that the attorney of record who files
said vacation proceedings shall deliver to said clerk sufficient
postage and copies of the published notice to cover the mailing to
such 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 proposed
vacation or relocation may file a written remonstrance with the court
at any time prior to the time set forth for hearing upon any one or
more of the following grounds and no other to wit:
(a) That the highway or portion thereof proposed to be vacated or
relocated is necessary to the growth of the county or counties in
which it is located.
(b) That the proposed vacation or relocation will leave the real
estate of the remonstrant without means of ingress or egress by a
public highway.
(c) That such vacation or relocation will deny the public access to
some public building, church or school or public grounds.
(d) That the material allegations of the petition or any of them are
not 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 the
court before the time set for hearing, the court shall grant the prayer
of the petition. If remonstrance thereto be made, the court shall set
the time for hearing and trial by the court and if the facts alleged in
said petition are found true and the facts in said remonstrance are
found not true the court shall overrule the remonstrance and grant the
prayer of the petition. In either case, all costs of the proceedings shall
be paid by the petitioner. (Formerly: Acts 1959, c.196, s.4.)
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 of
Indiana and authorized by its articles of incorporation to furnish
water to any town or city or the inhabitants thereof, through or
adjoining whose land any highway has heretofore been located and
established, which desires to vacate or to relocate such highway or
a portion thereof, may file with the circuit or a superior court in the
county in which such lands or the major part thereof are located, its
petition setting forth the following:
(a) The name of the petitioner.
(b) A distinct description of the highway or part thereof which
petitioner seeks to be vacated or relocated and in case of relocation,
a distinct description of the proposed new route, which may be over
existing highways or right-of-way.
(c) A statement that petitioner has determined that such vacation
or relocation is reasonably necessary or desirable in connection with
petitioner's construction or maintenance of an impounding water
reservoir.
(d) A statement that said vacation or relocation of said highway
or portion thereof will not increase by more than four (4) miles the
distance necessary for anyone to travel over highways which are or
will be substantially similar to that proposed to be vacated or
relocated.
(e) In case of vacation, the names and addresses of owners of the
abutting 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 of
this chapter, the court shall set a time for hearing not less than
fourteen (14) days nor more than twenty-one (21) days thereafter and
notice shall be given of the filing of said petition and the time set for
hearing thereof by publication for two (2) full weeks in some
newspaper, daily or daily except Sunday, of general circulation in
each county wherein any portion of said highway is located. The
notice shall be directed to the inhabitants of said county or counties
and shall set forth a description of the highway or portion thereof
which petitioner seeks to be vacated or relocated and in case of
relocation, a distinct description of the proposed new route shall be
given. A copy of the notice shall be personally served on the board
of commissioners of each county in which said highway or any
portion thereof is located in the same manner as a summons is served
in civil cases. In case of vacation, the clerk of the court shall also
send a copy of the published notice by registered mail to each of the
owners of the abutting land affected by the vacation proceedings as
set out in the petition, provided that the attorney of record who files
said vacation proceedings shall deliver to said clerk sufficient
postage and copies of the published notice to cover the mailing to
such 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 proposed
vacation or relocation may file a written remonstrance with the court
at any time prior to the time set forth for hearing upon any one or
more of the following grounds and no other to wit:
(a) That the highway or portion thereof proposed to be vacated or
relocated is necessary to the growth of the county or counties in
which it is located.
(b) That the proposed vacation or relocation will leave the real
estate of the remonstrant without means of ingress or egress by a
public highway.
(c) That such vacation or relocation will deny the public access to
some public building, church or school or public grounds.
(d) That the material allegations of the petition or any of them are
not 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 the
court before the time set for hearing, the court shall grant the prayer
of the petition. If remonstrance thereto be made, the court shall set
the time for hearing and trial by the court and if the facts alleged in
said petition are found true and the facts in said remonstrance are
found not true the court shall overrule the remonstrance and grant the
prayer of the petition. In either case, all costs of the proceedings shall
be paid by the petitioner. (Formerly: Acts 1959, c.196, s.4.)
