Section 36-7-3-13 - Vacation of proceedings; filing of remonstrances and objections; grounds; denial of petition(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.
Amended by P.L. 38-2021,SEC. 86, eff. 4/8/2021.Amended by P.L. 126-2011, SEC. 4, eff. 7/1/2011.As added by Acts1981 , P.L. 309, SEC.22. Amended by Acts1981 , P.L. 46, SEC.7; Acts1982 , P.L. 211, SEC.3; P.L. 353-1983, SEC.1.