1. (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.
2. (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.

3. (c) A county executive that desires to establish the apparent right-of-way of a county highway shall do the following:

   1. (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. (2) From the preliminary finding of the apparent right-of-way:

      1. (A) prepare a map and a written description of the apparent right-of-way;
      2. (B) give notice of the preliminary finding by publishing the map and the written description in the manner provided by law; and
      3. (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. (3) Conduct a public hearing at which owners of land in the county may:

      1. (A) object to the preliminary finding;
      2. (B) present evidence in support of or in opposition to the preliminary finding; and
      3. (C) propose changes to the preliminary finding.
   4. (4) After the hearing under subdivision (3), revise the preliminary finding of the apparent right-of-way, if necessary.
   5. (5) Adopt an ordinance to establish the revised finding as the apparent right-of-way.
   6. (6) Record with the county recorder a map and a written description of the apparent right-of-way as established by the ordinance.
4. (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.
5. (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.