Section 8-20-1-15.5 - Apparent right-of-way; establishment(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.(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.(c) A county executive that desires to establish the apparent right-of-way of a county highway shall do the following: (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.(2) From the preliminary finding of the apparent right-of-way:(A) prepare a map and a written description of the apparent right-of-way;(B) give notice of the preliminary finding by publishing the map and the written description in the manner provided by law; and(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.(3) Conduct a public hearing at which owners of land in the county may:(A) object to the preliminary finding;(B) present evidence in support of or in opposition to the preliminary finding; and(C) propose changes to the preliminary finding.(4) After the hearing under subdivision (3), revise the preliminary finding of the apparent right-of-way, if necessary.(5) Adopt an ordinance to establish the revised finding as the apparent right-of-way.(6) Record with the county recorder a map and a written description of the apparent right-of-way as established by the ordinance.(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.(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.As added by P.L. 62-1992, SEC.1. Amended by P.L. 112-1995, SEC.3.