Part 3: Future Use – Indian Hill Road

What will be the status of Indian Hill Road?  Will it be open or closed to vehicular traffic?

Parking.  Given the needed access to the Tecumseh Trail, will some parking be available?  Will this require the county to offer to acquire some land?

    • Currently, to park your car in order to walk to the tracks and trail, it may better to park along the nearby road on the north side of SR-45. Alternatively, come in from the south and park just before you reach the ford.
    • DNR owns land north of the crossing.

Disposition of the Road – Ownership. It’s a county road that  allows for very limited lateral excursions. The road acquired it’s present status due to being in continuous use for a long time. Transfer of ownership was not granted to BC by either a property owner, or through recourse to eminent domain.

In this case, the road is open for public passage due to prescriptive use (see attached article titled “Identifying Rural Roads”, starting on pg. numbered 162). This is a valuable resource for rural road management.

Apparent Right-of-Way in Indiana. This article distinguishes between prescriptive and statutory use. In neither case does is there a transfer of ownership. The problems of width of a right-of-way are discussed at length.

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