Dearborn County adopts ordinance establishing apparent right-of-way for portion of Dog Ridge Road

The Dearborn County Board of Commissioners voted June 16 to establish the apparent right-of-way for a portion of Dog Ridge Road by approving a new ordinance discussed as '006.' The board's action defines the corridor's location but does not commit the county to improve or maintain the roadway.

County counsel summarized the options before the board, saying the ordinance "would simply establish the apparent right-of-way. It would say, 'This is where the right-of-way is.'" He told commissioners that if the board found an apparent right-of-way, subsequent use by property owners would require a separate right-of-entry and hold-harmless agreement that could incorporate maintenance responsibilities and the deed restrictions the parties requested.

Attorneys representing the property owners asked commissioners to include permanent title covenants and restrictions in the recorded ordinance language so future owners would see the limits on development. The applicants said they were willing to accept restrictions that would run with the land, and commissioners discussed an edit to remove the word "present" from a paragraph in section 5 to better reflect the parties' intentions.

Property owner Bob Graf, who identified himself during public comment, described his use of the land as recreational and said he had no intention of developing the parcel: "We had no intention of ever building back there. We bought it as recreational property." Nearby resident Nancy Sandlin pressed the board on access and gates, asking that neighbors be allowed to continue pedestrian and recreational use; county staff responded that the corridor remains county right-of-way and that details such as gates and shared maintenance would be addressed in the follow-up agreements.

County staff clarified development limits tied to right-of-way width: an "old" county right-of-way is generally 33 feet wide and can accommodate a single driveway (one house), while establishing a new public road or subdivision to current county standards would require widening to 50 feet and purchasing additional land. That constraint means the ordinance establishes location without automatically enabling subdivision development.

Commissioners approved the ordinance and the requested edit on a voice vote. Staff asked the parties to submit final proposed restrictions and shared-maintenance language by around July 1 so attorneys could produce final documents before the next board meeting on July 7.

The county cited Indiana Code 8-20-1-15.5 during the discussion as the statutory basis for establishing an apparent right-of-way. The board's action defines legal boundaries for the corridor but separates that finding from any future maintenance commitments or agreements to open or upgrade the road.