The procedure for filing a petition to vacate pursuant to I.C. 36-7-3-12 and I.C. 36-7-3-16 as follows:
(1) Are interested in any lots or parts of lots; and
(2) Want to vacate all or part of a public way or public place, or platted easement in or contiguous to those lots or parts of lots; may file a petition for vacation with the County Auditor or the County Council. The petition forms shall be supplied by the County Auditor.
(1) State the general purpose and circumstances of the case;
(2) Give the names and addresses of all owners of land that abuts the property proposed to be vacated;
(3) Include an exact legal description and staked survey certified by a land surveyor registered in the state;
(4) Include recommendations or objections from all utility companies including but not limited to electric, gas, telephone, and water, concerning the vacation of the public way or place, or platted easement which is the subject of the petition;
(5) Include recommendations or objections from the following: County Surveyor, County Highway Department, and the County Planning and Building Department concerning land use, drainage, alignment and continuation of streets in relation to neighboring properties and subdivisions as affected by the real estate which is the subject of the petition for vacation of a public way or place; and
(6) Include exhibits, material, and information described in this subchapter and required by the County Auditor.
(C) The County Council shall, pursuant to I.C. 5-14-1.5 et seq., hold a hearing on the petition within 30 days after it is received. The County Auditor shall give notice of the petition and of the time and place of the hearing:
(1) In the manner prescribed in I.C. 5-3-1; and
(2) By certified mail to each owner of land that abuts the property proposed to be vacated. The petitioner shall pay the expense of providing this notice.
(D) After the public hearing, held pursuant to I.C. 5-14-1.5 et seq., on the petition, the County Council may, by ordinance, vacate the public way or public place. The County Auditor shall enter the property for taxation and furnish a copy of each vacation ordinance to the County Recorder for recording. The cost of recording shall be paid by the petitioner.
(E) Within 30 days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the County Circuit Court. The Court shall try the matter de novo and may award damages.
(F) A remonstrance may be filed pursuant to I.C. 36-7-3-13.
(Prior Code, § 31.050) (Ord. 1015E-1, passed 4-9-1991)
