Ind. Code » Title 36
Indiana Code

Ind. Code § 36-9-2-5 (2025)

Public ways; establishment

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 5. A unit may establish, vacate, maintain, and operate public ways.

[Pre-Local Government Recodification Citations: 18-1-1.5-8 (Intro.); 18-1-1.5-8(a); 18-1-1.5-8(c); 18-3-1-42 part; 18-3-1-43 part; 18-3-1-46 part; 18-4-2-23 part; 18-5-10-3 part; 18-5-10-4 part; 18-5-10-5.]

As added by Acts 1980, P.L.211, SEC.4.

 

Notes of Decisions
Cited in 6 cases, 1998–2019 · leading case: Town Council of New Harmony v. Parker, 726 N.E.2d 1217 (Ind. 2000).
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Town Council of New Harmony v. Parker, 726 N.E.2d 1217 (Ind. 2000). · cites it 2× “” A municipality may also charge a fee for connections to the sewer based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property.”
St. John Town Bd. v. Lambert, 725 N.E.2d 507 (Ind. Ct. App. 2000). · cites it 2× “Ind. Code § 36-9-2-5 . The establishment of new public streets as part of subdivision improvements is completed upon the approval and recording of the final plat.”
City of Boonville v. Am. Cold Storage, 950 N.E.2d 764 (Ind. Ct. App. 2011). · cites it 2× “§ 8-23-2^0 (authorizing the Department of Transportation to construct, reconstruct, improve, maintain, and repair state highways); I.C. § 36-9-2-5 (authorizing local government to establish, vacate, maintain, and operate public ways).”
Town of Syracuse v. Abbs, 694 N.E.2d 284 (Ind. Ct. App. 1998). · cites it 2× “The movant bears the burden of establishing the propriety of summary judgment, and all facts and inferences to be drawn therefrom are viewed in a light most favorable to the non-movant. Ramon, 609 N.”
Scott Shields v. Town of Perrysville, 136 N.E.3d 309 (Ind. Ct. App. 2019). · cites it 2× “Doing so, we observe that Indiana Code Section 36-9-2-5 permits the vacation Court of Appeals of Indiana | Opinion 19A-MI-979 | December 9, 2019 Page 7 of 8 of public ways.”
Town of New Pekin v. Gail Stewart, No. 88A01-1310-PL-442 (Ind. Ct. App. May 23, 2014). · cites it 2× “Ind. Code § 36-9-2-5 (1980). The parties agree that this appeal involves the common-law doctrine of public dedication, through which property may be turned over to the public for its use and maintenance.”
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