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Dearborn County commissioners deny petition to vacate historic right-of-way after public hearing

December 17, 2025 | Dearborn County, Indiana


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Dearborn County commissioners deny petition to vacate historic right-of-way after public hearing
The Dearborn County Board of Commissioners voted to deny a petition to vacate a segment of an historic right-of-way commonly referred to in testimony as Old Dog or Gold Bridal Road following a public hearing that drew landowners, neighbors and legal representatives.

The hearing opened with survey evidence and historical maps dating to the 19th and early 20th centuries, presented to show where the road bed once ran. Attorney Grant Reeves and surveyor Denny Krause outlined aerial photos and auditor’s plats and said the bed appears on records as early as 1937. Dan Sievers, representing Sievers Incorporated, and Jared Eubank, representing the Seavers family, told commissioners the petition seeks to resolve title and access for family-owned parcels and stressed that the family does not intend to subdivide or develop the land.

"We do not plan nor anticipate any request to the county to reopen, reconstruct, or maintain any portion of the road other than what's currently being maintained," said Dan Sievers, identifying stewardship and recreational use as the family’s intent.

Opponents at the hearing said vacating the way could set an unwanted precedent and could, under some circumstances, leave adjoining owners without convenient ingress or egress. Speakers cited case law and the statutory standard that prevents vacations that would result in landlocking. Residents also described the current alignment as narrow and sometimes maintained informally by neighbors, and raised concerns about traffic, snow removal and safety if the corridor were put to different use.

County staff and speakers discussed two legal standards: an implied-easement/necessity common-law test and the statutory test that governs local vacation decisions. Commissioners said the statutory standard is the controlling practical test for today’s petition.

After commissioners debated the need for a clearer county process to handle driveway and vacation requests in similar situations, the board moved to deny the petition. A roll-call-style exchange in the record produced recorded 'Aye' responses and the motion carried.

The denial leaves the petition unresolved in the sense that applicants may pursue other remedies or future applications, but it ends the county’s immediate action to vacate the public right-of-way. The board also indicated staff will study procedures for future driveway and vacation petitions to make decision-making more consistent.

The board proceeded to other agenda items after the vote.

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Scribe from Workplace AI
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