54-10-216 - Closure of public roads by application to county highway department.
54-10-216. Closure of public roads by application to county highway department.
Notwithstanding the provisions of this part to the contrary, a county legislative body, by resolution adopted by a two-thirds (2/3) majority vote, may adopt the provisions of this section as an alternative procedure for the closing of public roads in the county that are not maintained by any other governmental entity. After adopting the provisions of this section, each application to close a designated public road in the county shall be made in writing to the chief administrative officer. Upon receiving an application to close a public road, the chief administrative officer shall give notice to interested parties as provided in this part. The chief administrative officer shall make a recommendation to the regional planning commission regarding whether or not the public road should be closed. Before making any recommendation with respect to closing a road pursuant to this section, the regional planning commission shall provide notice of the action either by written notice mailed to affected property owners or by notice advertised in a newspaper of general circulation in the county not less than fourteen (14) days before the recommendation is made. After receiving the recommendation of the chief administrative officer, the regional planning commission shall make its recommendation to the county legislative body, and shall attach the recommendation of the chief administrative officer. After receiving the recommendations as provided in this section, the county legislative body may, by resolution adopted by a majority of its members, order the closure of the public road.
[Acts 1995, ch. 478, § 1.]