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Ind. Code § 36-7-4-714

Determination required to vacate recorded covenant filed with plat

Applied in 1 court decision — leading case Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC. v. Joseph v. DeSpirito (2017)

Most recently applied in Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC. v. Joseph v. DeSpirito (May 2017)

As added by P.L.126-2011, SEC.24.

Sec. 714. The vacation of all or part of a plat may include the vacation of any recorded covenants filed with the plat, but only upon a determination that:

(1) the platted area is within an area needing redevelopment and the covenant vacation would promote a recovery of property values in the area needing redevelopment by allowing or encouraging normal development and occupancy of the platted area;

(2) the covenant vacation is needed to secure for the public adequate light, air, convenience of access, or safety from fire, flood, or other danger; or

(3) the covenant vacation is needed to lessen or avoid congestion in the public ways.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.