60-4-216. Procedure for right-of-way abandonment.
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60-4-216 . Procedure for right-of-way abandonment.
(1)Upon receipt of a petition, in writing, for the right-of-way abandonment of the subject property from three or more owners of contiguous property, the department shall prepare an exhibit, setting forth the boundaries of the subject property and identifying the remainder.
(2)The department shall prepare an order of right-of-way abandonment to propose to the commission.
(3)The proposed order must state that the subject property is subject to all easements and utilities apparent or of record.
(4)Before abandoning the subject property, the commission shall notify the board of county commissioners in writing of its intent to effect the right-of-way abandonment of the subject property and shall hold a public hearing in the county or counties affected by the right-of-way abandonment.
(5)The commission shall publish the notice of proposed abandonment and public hearing for 3 successive weeks in local newspapers within the county.
(6)The commission, in its sole discretion, may enter an order disposing of the subject property by right-of-way abandonment.
(7)The order with exhibits attached must be recorded by the department in the office of the clerk and recorder in the county or counties in which the subject property is located.