Section 36-7-3-16 - Vacation of platted easements; public utility's use of public way or place notwithstanding vacation proceedings; waiver(a) Platted easements may be vacated in the same manner as public ways and public places, in accordance with section 12 of this chapter or with IC 36-7-4-712, whichever is applicable.(b) Notwithstanding this article, vacation proceedings do not deprive a public utility of the use of all or part of a public way or public place to be vacated, if, at the time the proceedings are instituted, the utility is occupying and using all or part of that public way or public place for the location and operation of its facilities. However, the utility may waive its rights under this subsection by filing its written consent in the vacation proceedings.Pre-Local Government Recodification Citation: 18-5-10-51.
As added by Acts1981 , P.L. 309, SEC.22. Amended by P.L. 220-1986, SEC.7.