105 IAC 7-1-7 - Parties to application; evidence of title

Authority: IC 9-21-19-2

Affected: IC 8-23-20

Sec. 7.

(a) All applications for permits under this section shall be made in the name of the owner of the fee simple title. All persons having any interest in the land, including mortgagees, lessees, optionors, lien holders, and holders of other encumbrances shall join with the fee simple holder in the application. All such persons shall join in the application, shall sign and consent to the conditions of the application, and shall be bound equally thereafter by the conditions of the permit, which may be issued to the permittee.

(b) Title evidence shall be furnished to support the signatures for driveway permit applications in the following areas:

(1) All commercial driveway permit applications except those applications involving an existing access with no proposed change in access, use, or character.

(2) Private driveway permit applications including field access approaches in areas along highways covered by limited access resolutions or on sections of state routes in the biennial highway improvement program.

All other allowable evidence will be at the discretion of the department.

(c) If the applicant submits an application in which the title evidence does not include the signatures of all interest holders and if the application is evaluated in favor of granting the permit, the applicant must submit subsequent title evidence showing that all omitted interest holders have ceased to be interest holders or have by an addendum to the application joined the original applicant on the original application, and such subsequent title evidence or addendum must be submitted before the permit is issued.

Notes

105 IAC 7-1-7

Indiana Department of Transportation; Rule 6; filed Nov 16, 1971, 9:45 a.m.: Rules and Regs. 1972, p. 142; filed Aug 2, 1985, 3:39 p.m.: 8 IR 1706; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA Filed 7/24/2019, 8:08 a.m.: 20190821-IR-105170337FRA

NOTE: Transferred from Department of Highways (120 IAC 2-1-6) to Indiana Department of Transportation (105 IAC 7-1-7) by P.L. 112-1989, SECTION 5, effective July 1, 1989.