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Commissioners approve preliminary finding to declare Dog Ridge Road an apparent right-of-way
Summary
Attorney Jared Eubank filed a petition asking the board to declare Dog Ridge Road an apparent right-of-way under Indiana statute 8-20-1-15.5; commissioners approved a preliminary finding and scheduled a map, notice and public hearing to allow adjoining owners to object or present evidence.
Jared Eubank, who requested the petition be considered, told the Dearborn County Board of Commissioners he had filed a petition for a preliminary declaration that Dog Ridge Road be treated as an apparent right-of-way under Indiana Code 8-20-1-15.5 and county ordinance. Eubank said the preliminary finding carries no legal standing beyond advancing the process to a public hearing, where the map and published notice will be mailed to adjoining landowners.
Eubank asked the board to declare the road an apparent right-of-way and set the next procedural dates; the board approved a preliminary finding and the county attorney discussed publishing the map and notice and scheduling a formal public hearing (the board discussed running the notice on May 7 and scheduling the formal hearing for the May 19 meeting to allow certified mailings to adjoining property owners).
Why it matters: A preliminary finding starts a statutorily prescribed process that allows property owners to present evidence for or against formal recognition of an apparent right-of-way and preserves notice and appeal rights under statute.
Next steps: Staff will publish the map and description, send certified notice to abutting landowners and hold the public hearing at the board's May 19 meeting (with notice run in the newspaper May 7). The preliminary finding itself does not finalize the right-of-way status; that determination requires the public hearing and any further evidence presented under statute.
