Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Formerly: Acts 1913, c.76, s.98; Acts 1933, c.190, s.10; Acts 1937, c.115, s.1. Repealed by Acts 1982, P.L.74, SEC.6.

citizens Sec. 91. No license, permit or franchise to own, operate, manage or control any plant or equipment of any public utility shall be hereafter granted or transferred except to a corporation duly organized under the laws of the state of Indiana or to a citizen of such state.…

condemnation by municipality Sec. 92. (a) Every license, permit, or franchise granted after April 30, 1913, to any public utility shall have the effect of an indeterminate permit subject to the provisions of this chapter, and subject to the provisions that: (1) the license, franc…

effect Sec. 93. (a) This section does not apply to a public utility that provides water or sewer utility service unless: (1) the commission makes a finding under IC 8-1-30-4; and (2) the procedures and requirements of IC 8-1-30 have been complied with and satisfied. (b) Notwithst…

Formerly: Acts 1913, c.76, s.103; Acts 1933, c.190, s.13; Acts 1935, c.293, s.1. Repealed by Acts 1982, P.L.74, SEC.6.

[Pre-Local Government Recodification Citation: 19-8-5-4 part.] As added by Acts 1980, P.L.8, SEC.67. Repealed by Acts 1982, P.L.74, SEC.6.

Formerly: Acts 1913, c.76, s.104; Acts 1933, c.190, s.14. Repealed by Acts 1982, P.L.74, SEC.6.

property prohibited Sec. 95.1. Notwithstanding any other provision of this chapter, after February 29, 1980, a municipality, public utility, or corporation organized under IC 8-1-13 may not bring any action in the circuit or superior court of any county against any corporation or…

Formerly: Acts 1913, c.76, s.105; Acts 1933, c.190, s.15; Acts 1937, c.14, s.1; Acts 1961, c.31, s.1. As amended by Acts 1980, P.L.67, SEC.1. Repealed by Acts 1982, P.L.74, SEC.6.

Formerly: Acts 1913, c.76, s.106; Acts 1933, c.190, s.16. Repealed by Acts 1982, P.L.74, SEC.6.

Formerly: Acts 1913, c.76, s.107; Acts 1933, c.190, s.17. As amended by Acts 1981, P.L.11, SEC.42. Repealed by Acts 1982, P.L.74, SEC.6.

Formerly: Acts 1913, c.76, s.108; Acts 1933, c.190, s.18. Repealed by Acts 1982, P.L.74, SEC.6.

Sec. 1. The provisions of the chapter shall apply to all such corporations, foreign or domestic, and to the receivers and lessees thereof as shall be engaged in the business of a common carrier of freight in carload lots or less, for hire, on railroads between points within this …

Sec. 10. A carrier that fails, neglects, or refuses to deliver to a coal mine operator on its line empty coal cars for use at the mine in accordance with this chapter and the rules of the Indiana department of transportation adopted under this chapter shall forfeit to the coal mi…

Sec. 11. When for any reason coal in transit is confiscated by the carrier, immediate notice shall be given both consignor and consignee of such confiscation, and any carrier failing or refusing to give such immediate notice shall, on settlement, pay fifty cents (50 cents) per to…

furnish freight cars Sec. 12. The forfeiture accruing under this chapter may be collected in any court of competent jurisdiction in any county in this state into which the carrier operates, and in case the plaintiff recovers, the court or jury trying the cause shall allow the pla…

Formerly: Acts 1907, c.231, s.13. As amended by P.L.62-1984, SEC.23. Repealed by P.L.384-1987(ss), SEC.95.

Sec. 14. The Indiana department of transportation may inquire into the management and business of carriers as regulated by this chapter and shall keep informed as to the manner and method in which the management is conducted. The department may obtain from the carriers, and their…

receivership Sec. 15. If a carrier fails to provide the equipment, motive power, and other facilities necessary to properly receive and care for the business on their lines, as required by this chapter, or fails to perform the duties enjoined upon it by this chapter, and because …

Sec. 16. In case any of the provisions of this chapter shall be held invalid, such fact shall not operate to make invalid any other portion of the chapter, and the portions of this chapter not adjudged to be invalid shall be observed and enforced the same as though the invalid po…

Sec. 2. All carriers subject to the provisions of this chapter are required to provide and to maintain in serviceable condition the number of suitable and substantial freight cars necessary to promptly supply the demands on their respective lines in this state for the prompt and …

Sec. 3. All carriers subject to the provisions of this chapter are required, when any carload freight has been properly loaded and proper shipping instructions have been delivered, to move the same forward to destination, if on its line, or to the point of junction with the conne…

Sec. 4. All carriers subject to the provisions of this chapter shall deliver to a consignee on a private track, a track used by the consignee for loading or unloading, or on their public delivery track, and receive from a connecting carrier, at any terminal point in this state, f…

and perishable property; preference Sec. 5. Every carrier subject to this chapter shall furnish to all parties who apply therefor, as provided in this chapter, suitable cars for the transportation of all kinds of freight in carload lots. If the car equipment of the carrier is not…

requested and furnished Sec. 6. Each carrier subject to this chapter shall provide and permanently keep at each billing station on its line in Indiana where it handles carload shipments a substantially bound book, which shall be in the form prescribed by the Indiana department of…

Sec. 7. It is a Class C infraction for a person to make any false entry in the record provided for in section 6 of this chapter, or to alter, change, or mutilate any entry made in the record, without notice to and with the consent of the other party interested in the record. It i…

Sec. 8. Every carrier subject to the provisions of this chapter which shall fail and neglect to furnish cars to applicants in accordance with the application therefor, and as provided in section 6 of this chapter, shall forfeit and pay to the applicant the sum of one dollar ($1) …

Sec. 9. At the request of a carrier, coal mine operator, or other interested party, the Indiana department of transportation, after five (5) days notice to the interested carrier and the coal mine operators on the carrier's line and a full hearing, shall adopt rules for the distr…

Sec. 1. Whenever the board of directors of any railroad company (including any union railway corporation) organized on or after March 2, 1933, under the laws of this state or of this state and any other state or states desires to amend its charter, articles of association, articl…

of notice Sec. 2. The special or annual meeting of the stockholders at which the question of the approval of such amendment is to be submitted shall be called by delivering personally, or depositing in the post-office stamped and addressed to each stockholder at such address as a…

Sec. 3. At any such meeting stockholders may vote in person or by proxy, each stockholder being entitled to one (1) vote for each share of stock held by him, and votes representing at least a majority (or such greater proportion as the articles of association or consolidation may…

amendment; filing Sec. 4. If at such special or annual meeting of the stockholders, said amendments, or any of them, be submitted to a vote, and if it shall appear that votes representing a majority (or such greater proportion as said articles may require) of all the outstanding …

amendment Sec. 5. (a) If any shareholder of any such corporation who did not vote in favor of such amendment at the meeting at which the amendment was adopted by the shareholders of such corporation, shall, at any time within thirty (30) days after such adoption of the amendment …

Sec. 6. Any such company authorized by its articles of association or consolidation to have shares of capital stock without par value, may from time to time, issue and sell or otherwise dispose of any such shares for such consideration as may be provided for in said articles, or …

for damages to public or private facilities Sec. 1. (a) Except as otherwise provided by this chapter, the definitions set forth in IC 8-10-1-2 apply throughout this chapter. (b) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, the…

damages to public or private facilities; reimbursement Sec. 2. (a) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, the ports of Indiana, whenever the ports of Indiana finds that the economic welfare of the state would thereby be …

Sec. 3. Subject to the approval of the governor, the budget agency, and the budget committee, the ports of Indiana may, notwithstanding the provisions of IC 8-10-1-12 or the provisions of any other statute relating to or appropriating money to the Indiana port fund, expend moneys…

Sec. 1. As used in this chapter: (1) Primary highway system special account means the account of the state known as the "primary highway system special account" to which is credited monthly fifty-five percent (55%) of the money deposited in the highway, road, and street fund. (2)…

Sec. 2.1. The auditor shall create a special fund to be known as the "Highway, Road and Street Fund" for the deposit of the revenues from: (1) the gasoline and special fuel taxes dedicated to the fund under IC 6-6-1.1-802 and IC 6-6-2.5; and (2) amounts deposited in or distribute…

As added by Acts 1980, P.L.10, SEC.14. Amended by Acts 1981, P.L.88, SEC.10; Acts 1982, P.L.81, SEC.2. Repealed by P.L.59-1985, SEC.38.

Sec. 3. (a) The auditor of state shall credit the state highway fund established under IC 8-23-9-54 monthly with sixty-three percent (63%) of the money deposited in the highway, road and street fund. (b) Funds allocated to the department under this chapter must be appropriated. F…

Sec. 4. (a) The auditor of state shall establish a special account to be called the "local road and street account" and credit this account monthly with thirty-seven percent (37%) of the money deposited in the highway, road and street fund. (b) The auditor shall distribute to uni…

Sec. 5. Money from the local road and street account shall be used exclusively by the cities, towns, and counties for: (1) engineering, land acquisition, construction, resurfacing, maintenance, restoration, or rehabilitation of both local and arterial road and street systems; (2)…

As added by Acts 1979, P.L.95, SEC.1. Repealed by Acts 1980, P.L.74, SEC.434.

money to town general fund Sec. 7. An included town under IC 36-3-1-7 may transfer surplus allocated monies to the town general fund from the local road and street account if those monies have not been allocated or expended within the previous twenty-four (24) months. As added by…

As added by P.L.182-2007, SEC.3. Amended by P.L.220-2011, SEC.199. Expired 1-1-2019 by P.L.220-2011, SEC.199.

Sec. 1. This chapter applies to all municipalities except consolidated cities. As added by Acts 1982, P.L.74, SEC.1.

and hearing Sec. 10. (a) Before a municipal legislative body adopts an ordinance declaring that public convenience and necessity require the construction or acquisition of a utility as provided by section 7 of this chapter, each public utility furnishing a similar utility service…

As added by Acts 1982, P.L.74, SEC.1. Repealed by P.L.172-2009, SEC.8.

Sec. 12. (a) Upon the approval by resolution of the municipal legislative body, a municipally owned utility may sell or furnish heat, light, water, or power to the municipality to be used exclusively for the furnishing of utility service to the municipality for its own municipal …