{"data":{"id":"us-in/ic-8-20-1-15.5","jurisdiction":"us-in","citation":"IC 8-20-1-15.5","heading":"Apparent right-of-way; establishment","body":"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.\n(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.\n(c) A county executive that desires to establish the apparent right-of-way of a county highway shall do the following:\n(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.\n(2) From the preliminary finding of the apparent right-of-way:\n(A) prepare a map and a written description of the apparent right-of-way;\n(B) give notice of the preliminary finding by publishing the map and the written description in the manner provided by law; and\n(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.\n(3) Conduct a public hearing at which owners of land in the county may:\n(A) object to the preliminary finding;\n(B) present evidence in support of or in opposition to the preliminary finding; and\n(C) propose changes to the preliminary finding.\n(4) After the hearing under subdivision (3), revise the preliminary finding of the apparent right-of-way, if necessary.\n(5) Adopt an ordinance to establish the revised finding as the apparent right-of-way.\n(6) Record with the county recorder a map and a written description of the apparent right-of-way as established by the ordinance.\n(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.\n(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.","path":["TITLE 8. UTILITIES AND TRANSPORTATION","ARTICLE 20. COUNTY ROADS─LOCATION AND EMINENT DOMAIN","Chapter 1. Location or Relocation of County Roads"],"source_url":"https://iga.in.gov/ic/2026/Title_8.html#8-20-1-15.5","current_through":"2026","vintage":"2026","retrieved_at":"2026-10-04T20:08:46Z","sha256":"66ee04f290bb38a9eb23b76f9566aeb54b7d7c179598750477267ea709989425","source_id":"us-in","stale":false,"prev":"us-in/ic-8-20-1-15","next":"us-in/ic-8-20-1-16"},"notice":"GroundRules: Original legal text. Not legal advice."}