Indiana Code
Chapter 3. Platting and Vacation of Real Property
36-7-3-13. Vacation of Proceedings; Filing of Remonstrances and Objections; Grounds; Denial of Petition

Sec. 13. (a) A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the following grounds:
(1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.
(2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient.
(3) The vacation would hinder the public's access to a church, school, or other public building or place.
(4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.
(b) If a remonstrance or objection is filed or raised by an aggrieved person under subsection (a)(2) and:
(1) the lands of the aggrieved person do not abut any other public way other than the public way to which the vacation petition applies; or
(2) the vacation of the public way would cause the lands of the aggrieved person to become landlocked with no other convenient or reasonable means of ingress or egress via another public way;
the appropriate legislative body shall deny the petition to vacate the public way.
[Pre-Local Government Recodification Citation: 18-5-10-45.]
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.7; Acts 1982, P.L.211, SEC.3; P.L.353-1983, SEC.1; P.L.126-2011, SEC.4; P.L.38-2021, SEC.86.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 7. Planning and Development

Chapter 3. Platting and Vacation of Real Property

36-7-3-0.1. Application of Certain Amendments to Chapter

36-7-3-1. Application of Chapter

36-7-3-2. Subdivision of Lots or Lands Outside Boundaries of Municipality; Requisites, Approval, and Recording of Plat

36-7-3-3. Laying Out of Town, Addition to Municipality, or Subdivision of Lots or Lands Within Boundaries of Municipality; Requisites, Approval, and Recording of Plat; Donations or Grants to Public

36-7-3-4. Survey and Plat; Order; Adoption; Resolutions; Requisites

36-7-3-5. Surveying, Platting, and Numbering of Tracts of Land in Municipality; Requisites, Approval, and Recording of Plat; Public Ways

36-7-3-6. Resolution Declaring Necessity of Survey or Plat Requisites; Adoption Procedures Direction to Professional Surveyor

36-7-3-7. Professional Surveyor; Completion of Survey and Plat; Requirements; Boundary Line Dispute Procedures; Subdivision of Tracts; Report; Statement of Costs and Expenses; Filing

36-7-3-8. Report of Survey and Plat; Approval Procedures; Recording; Legal Effect of Plat

36-7-3-9. Expenses of Survey and Plat; Apportionment and Assessment Against Property Platted; Lien; Collection and Disbursement

36-7-3-10. Vacation of Plat by Owners; Written Instrument; Filing and Approval; Recording; Land Outside Municipal Boundaries Excepted From Approval; Effect; Public Ways

36-7-3-11. Repealed

36-7-3-12. Vacation of Public Way or Place; Petition; Notice; Hearing; Adoption of Ordinance; Appeals

36-7-3-13. Vacation of Proceedings; Filing of Remonstrances and Objections; Grounds; Denial of Petition

36-7-3-14. Vacation of Platted Land; Descriptions of Lots and Parcels in Plat Preserved; Exceptions

36-7-3-15. Termination of Vacation Proceeding; Limitation

36-7-3-16. Vacation of Platted Easements; Public Utility's Use of Public Way or Place Notwithstanding Vacation Proceedings; Waiver