County attorney proposes easing deed requirement for private road dedications to give board more discretion

County attorney Miss Davis presented a proposed amendment to section 1-33-2-72 of the county code that governs how private roads are accepted as public roads by deed.

Davis said the current code requires a "general warranty deed" that excludes any liens or encumbrances, a standard that has prevented the county from accepting dedications when routine easements exist. "It's come up a few times in the past that the language in our current ordinance, which requires a general warranty deed, that does not provide for any liens or any encumbrances, has been argued to be perhaps too limiting," Davis said.

The draft amendment would delete the specific reference to a "general warranty deed," instead referencing a "warranty deed," and would delete the word "encumbrances" so the board could exercise discretion to accept dedications that include non-financial easements (for example, utility easements) while still preventing acceptance of roads subject to liens. Davis said the change would not automatically liberalize acceptance of highly encumbered roads but would allow commissioners to evaluate whether a particular easement is acceptable.

She also noted that the code section currently requires review by the planning commission and two public hearings before the board — procedural steps that she suggested could be aligned with other zoning code amendments, potentially reducing to a single board hearing.

Commissioners signaled support for the proposed approach and Davis said she would circulate a new draft implementing the wording and any procedural alignment for follow-up steps, including planning commission review and public hearings as required under the existing code.