Jefferson County planning commission votes to vacate Bryansburg plat after public hearing

The Jefferson County Planning Commission voted unanimously March 4 to vacate the recorded plat for the platted town of Bryansburg, a subdivision originally recorded in 1834, following a public hearing that featured competing testimony from property owners, an attorney and county staff.

The commission’s vote, taken after public comment and counsel from county staff, ends the subdivision status of the area identified in the petition filed by Wendell and Christine Lanham. The commission’s action applies to the entirety of the platted town as requested in the petition and was approved by roll call vote.

County planning staff told the commission that many of the original lot lines no longer function as separate buildable parcels under current local ordinances and that the subdivision had, over time, been treated as combined tracts for tax and title purposes. “Once they’re combined, it’s my understanding they no longer exist as separate lots as such,” the county planner said, summarizing his review of deeds, surveys and tax records presented to the commission.

Attorney David Ridowitz, speaking for property owner Calvin Dougherty, told commissioners the petitioners bear the burden of proof under state law. “In order to grant this petition, the petitioners must establish that three things: that the conditions in the platted area have changed to defeat the original purpose of the plat, that it's in the public interest to vacate the plat, and that the value of the part of the land in the plat not owned by the petitioners will not be diminished,” Ridowitz said. He argued that existing deeds and recorded lot descriptions mean the petitioners had not shown the required diminution of value.

Calvin Dougherty, who owns several parcels that include the platted lots, told the commission he had researched county records and the auditor’s office and said he believed recorded lots remained viable. “According to all the information I received, the plat has been recorded as well,” Dougherty said, and said he had initiated surveying and title work to clarify lot descriptions.

Other speakers included an engineer, Peter Ellis, who described right-of-way lines shown on the historic plat that provide access between parcels, and several neighbors who said they oppose development plans they believe could follow a vacation. Several neighbors asked the commission to consider impacts on road access, drainage and property values.

County counsel and planning staff advised the commission that Indiana law and the county’s unified development ordinance use the same three criteria for plat vacations: changed conditions defeating the original purpose of the plat, public interest, and non-diminution of value for land owned by non-petitioners. Staff noted modern highway setbacks, undeveloped road rights-of-way, and the absence of present-day subdivision infrastructure as factors relevant to the public-interest determination.

After discussion, a commissioner moved to grant the petition to vacate the plat; the motion was seconded and the commission took a roll-call vote. The motion passed with all voting members recorded as “yes,” and the chair announced the plat had been vacated.

The commission and counsel noted that vacating a plat can affect who owns former public rights-of-way that appear on the plat: if rights-of-way are vacated and they lie within parcels owned by a petitioner, the land may revert to the underlying private owner subject to any existing prescriptive easements or utility easements. Staff also emphasized that vacating the plat is a separate process from any future development approvals; any new development would still be subject to current subdivision standards, zoning requirements and any necessary variances or approvals from the Board of Zoning Appeals.

Commissioners closed the public hearing and proceeded with the regular meeting. The commission did not adopt additional formal conditions on the vacation in the hearing record. Commissioners and staff noted that questions about whether lots continue to exist for tax or title purposes may ultimately be resolved in other venues, including the recorder’s office or through the courts.

The commission’s action removes the subdivision designation for Bryansburg as recorded in the county plat records; affected property owners and interested parties may pursue any further title or procedural steps outside the planning commission’s vacation action.