Findings and Proceedings Meriting Temporary Closure or Relocation; Permanent Closure or Relocation

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Sec. 4. (a) The county executive may temporarily close or relocate the road in response to the petition if:

(1) the executive finds that closing or relocating the road is in the public interest and economic interest of the county;

(2) the executive finds that closing or relocating the road will not unreasonably interfere with the flow of traffic on the county road system;

(3) the petitioner has filed with the county executive a surety bond, in an amount fixed by the executive, payable to the county and conditioned on the payment of damages which the county may sustain or the restoration of the closed or relocated road;

(4) the plans for the restoration and reconstruction of the road (if the executive elects to have the closed or relocated road restored) are approved by the executive; and

(5) the executive and the petitioner sign a written document stating the terms of the agreement for temporarily closing or relocating the road.

(b) The county executive may permanently close or permanently relocate the road in response to the petition if:

(1) the executive finds that closing or relocating the road is in the public and economic interest of the county;

(2) the executive finds that closing or relocating the road will not unreasonably interfere with the flow of traffic on the county road system; and

(3) the executive and the petitioner sign a written document stating the terms of the agreement for permanently closing or relocating the road.

As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988, SEC.223.


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