Ind. Code » Title 36
Indiana Code

Ind. Code § 36-7-3-13 (2026)

Vacation of proceedings; filing of remonstrances and objections; grounds; denial of petition

✓ current as of May 2026
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     Sec. 13. (a) A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the following grounds:

(1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.

(2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient.

(3) The vacation would hinder the public's access to a church, school, or other public building or place.

(4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.

     (b) If a remonstrance or objection is filed or raised by an aggrieved person under subsection (a)(2) and:

(1) the lands of the aggrieved person do not abut any other public way other than the public way to which the vacation petition applies; or

(2) the vacation of the public way would cause the lands of the aggrieved person to become landlocked with no other convenient or reasonable means of ingress or egress via another public way;

the appropriate legislative body shall deny the petition to vacate the public way.

[Pre-Local Government Recodification Citation: 18-5-10-45.]

As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.7; Acts 1982, P.L.211, SEC.3; P.L.353-1983, SEC.1; P.L.126-2011, SEC.4; P.L.38-2021, SEC.86.

 

Notes of Decisions
Cited in 4 cases, 2012–2018 · leading case: Cent. States Tower III, LLC, a/k/a Cent. States Tower v. Plan Comm'n of the City of Portage (mem. dec.), 99 N.E.3d 665 (Ind. Ct. App. 2018).
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Cent. States Tower III, LLC, a/k/a Cent. States Tower v. Plan Comm'n of the City of Portage (mem. dec.), 99 N.E.3d 665 (Ind. Ct. App. 2018). · cites it 2× “Code § 36-7-3-13 (2) (providing that a person aggrieved by a proposed vacation of a public way may object if the vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient). The Plan Commission notes that this statute "grants…”
Richardson v. Bd. of Com'rs of Owen Cnty., 965 N.E.2d 738 (Ind. Ct. App. 2012). · cites it 2× “Indiana Code section 36-7-3-13, states in relevant part that A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the following grounds: [[Image here]] (3) The…”
Roy Defries v. Bd. of Commissioners of Posey Cnty. (mem. dec.) (Ind. Ct. App. 2017). · cites it 14× “The Remonstrators’ arguments on appeal are based on I.C. § 36-7-3-13, which provides as follows: A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the…”
Lewis J. Richardson & Laurel Richardson v. Bd. of Commissioners of Owen Cnty. (Ind. Ct. App. 2012). · cites it 2× “Indiana Code section 36-7-3-13, states in relevant part that A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the following grounds: .”
Ind. Code § 36-7-3-13(2): 1 case
Roy Defries v. Bd. of Commissioners of Posey Cnty. (mem. dec.) (Ind. Ct. App. 2017). “The Remonstrators’ arguments on appeal are based on I.C. § 36-7-3-13, which provides as follows: A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the…”
Ind. Code § 36-7-3-13(3): 1 case
Roy Defries v. Bd. of Commissioners of Posey Cnty. (mem. dec.) (Ind. Ct. App. 2017). “The Remonstrators’ arguments on appeal are based on I.C. § 36-7-3-13, which provides as follows: A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the…”
Ind. Code § 36-7-3-13(4): 1 case
Roy Defries v. Bd. of Commissioners of Posey Cnty. (mem. dec.) (Ind. Ct. App. 2017). “The Remonstrators’ arguments on appeal are based on I.C. § 36-7-3-13, which provides as follows: A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the…”
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