Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 4. The certificate of the license required by this chapter shall be kept in the personal possession of the licensee when he or she is operating aircraft within this state and must be presented for inspection upon the demand of any passenger, any peace officer of this state o…

Sec. 5. A person who violates this chapter commits a Class B misdemeanor. Formerly: Acts 1929, c.171, s.5. As amended by Acts 1978, P.L.2, SEC.859.

Sec. 1. (a) Whenever the fiscal body of an eligible entity adopts an ordinance or a resolution in favor of the acquisition, improvement, operation, or maintenance of an airport or landing field for the entity under this chapter, and declaring a necessity for the airport or landin…

Sec. 10. (a) The board of an eligible entity: (1) may exercise the power of eminent domain for the purpose of carrying out this chapter; (2) may award damages to landowners for real property rights appropriated; and (3) if the board cannot agree with the owners, lessees, or occup…

Sec. 11. Within sixty (60) days after land or rights in land are acquired or taken under this chapter, the board shall file and cause to be recorded in the recorder's office of the county in which the land is situated a description of the land sufficiently accurate for its identi…

necessity and benefit; tax exemption of leasehold interests Sec. 12. (a) The acquisition, establishment, construction, improvement, equipment, maintenance, control, and operation of municipal airports and landing fields for aircraft under this chapter is considered to be a govern…

Sec. 13. The board of an eligible entity may, upon resolution of the board, sell the minerals or mineral rights or royalties, or grant leases for the removal of a mineral in or under an airport or landing field owned by the entity. They shall be sold or leased in the same manner …

Sec. 14. Eligible entities may jointly acquire, construct, develop, improve, equip, or extend airports or property to be used for aviation purposes and maintain, operate, manage, and control it and levy and collect taxes for this purpose. Two (2) or more entities may cooperate fo…

Sec. 15. Whenever the fiscal body of an eligible entity determines that the public interest and the interest of the entity will be served by assisting another entity to exercise the powers granted by this chapter, the former entity may furnish assistance by gift, or lease with or…

Sec. 16. Whenever the board of an eligible entity accumulates funds that are derived from sources other than from the operation of the airport and that are not needed for the operation or maintenance of the airport, the board, upon a majority vote of its members, may without noti…

Sec. 17. (a) An eligible entity acting by and through its board under IC 8-21-8 may accept, receive, and receipt for federal monies and other monies, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of air…

and revenues; bonds; surplus Sec. 18. (a) Subject to the approval of the fiscal body of the eligible entity, the board may contract with any person for construction, extensions, additions, or improvements of an aircraft hangar or revenue producing building or facility located or …

requirements Sec. 18.5. (a) The board may negotiate terms and borrow money from any source for the payment of the costs of airport capital improvements, including the acquisition of real property or construction or improvement of revenue producing buildings or facilities located …

Sec. 19. All acts of an eligible entity in establishing an airport or landing field, and all other acts in connection with them, taken by the entity under a prior statute, including all bonds issued, authorized, or sold under that statute or any other statute, the proceeds of whi…

restrictions Sec. 2. (a) This subsection applies only in counties that contain a consolidated city or at least one (1) second class city. To be eligible to be a member of the board of aviation commissioners, a person must: (1) be at least eighteen (18) years of age; (2) be a resi…

Sec. 20. A person who recklessly violates this chapter, except for section 18, commits a Class B misdemeanor. [Pre-Local Government Recodification Citation: 19-6-1-21.] As added by Acts 1980, P.L.8, SEC.73.

Sec. 3. (a) The first members of the board hold office as follows: (1) One (1) for the term of one (1) year. (2) One (1) for the term of two (2) years. (3) One (1) for the term of three (3) years. (4) In the case of: (A) a board initially established with four (4) members, one (1…

meetings Sec. 4. The board shall choose, annually, at its first regular meeting in January, one (1) of its members president, and another of its members vice president to perform the duties of the president during the absence or disability of the president. The eligible entity sh…

Sec. 5. (a) The board may adopt and use a seal. Applications, assurances, contracts, and other instruments necessary in the board's performance of its duties and the exercise of its powers may be executed in its name or in the name of the eligible entity, as the case may be, by t…

Sec. 6. For all contracts for improvements and purchases, other than those for professional services and those for the acquisition of land, structures, easements, and rights-of-way, IC 5-22, IC 36-1-9.5, and IC 36-1-12 apply. In case of an emergency being declared by the board, t…

of estimated appropriations; reserve or depreciation account Sec. 7. (a) The board may, in the name of the eligible entity, take action to recover damages for the breach of an agreement, express or implied, relating to the operation, control, leasing, management, or improvement o…

Sec. 8. (a) If the board wishes to sell part or the whole of the aviation land or improvements owned by the eligible entity, it may prepare an ordinance authorizing the sale and submit it to the fiscal body of the entity. If the fiscal body passes the ordinance, the land or impro…

zoning jurisdiction Sec. 9. (a) In order to provide free air space for the safe descent and ascent of aircraft and for the proper and safe use of an airport or landing field acquired or maintained under this chapter, the board may, subject to approval and adoption by the fiscal b…

Sec. 1. The Indiana department of transportation is established. As added by P.L.112-1989, SEC.5.

department of transportation Sec. 10. Any rules of: (1) the transportation coordinating board (IC 8-9.5-2-1, repealed); (2) the transportation planning office (IC 8-9.5-3-1, repealed); (3) the department of highways (IC 8-9.5-4-2, repealed); and (4) the department of transportati…

Sec. 11. (a) This section applies to the disposal of surplus real or personal property by the department. (b) Whenever surplus real property or personal property is disposed of by acceptance of bids, a bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each: (1…

Sec. 12. A contract for professional services of engineers or land surveyors may be made on the basis of competence and qualifications for the type of services to be performed. Compensation that the department determines to be reasonable may be negotiated. As added by P.L.18-1990…

Sec. 12.5. (a) As used in this section, "contractor" refers to a person who provides professional services under a contract with the department. (b) As used in this section, "professional services" refers to engineering, architectural, or surveying services. (c) Notwithstanding a…

Sec. 13. (a) The department shall determine the number of its employees appointed notaries public and pay the expense of appointment, the premiums on the official bond of the notaries, and the cost of official seals. An employee of the state appointed a notary public may do the f…

counties and municipalities; reimbursement Sec. 14. The department may furnish on request of a county or municipality engineering service or consultation and extend the facilities of the department's testing laboratory for the testing of highway construction and maintenance mater…

highway worksites Sec. 15. (a) As used in this section, "highway worksite" means an area where: (1) highway construction, reconstruction, or maintenance is actually occurring; and (2) notice is posted indicating that the highway worksite is a specific area designated with signage…

As added by P.L.5-1993, SEC.25. Repealed by P.L.35-1995, SEC.5. IC 8-23-2-17 Public hearings Sec. 17. (a) As used in this section, "public hearing" means an assembly or a meeting by the department for the purpose of: (1) providing information early in the process of making decisi…

Sec. 18. (a) This section does not apply to the following: (1) The sale or distribution of nursery stock or wildflower seeds to the following: (A) An individual who resides in Indiana. (B) A governmental entity. (C) A nonprofit organization or an educational institution. (D) An a…

As added by P.L.213-2015, SEC.124. Expired 7-1-2017 by P.L.213-2015, SEC.124.

budgetary needs Sec. 19. (a) The department shall: (1) establish a single statewide set of state and local road and bridge condition metrics; (2) use the metrics in subdivision (1) to: (A) evaluate and compare state and local road and bridge conditions in local units within India…

Sec. 2. (a) The governor shall appoint a commissioner who is responsible for organizing and administering the department. (b) The commissioner: (1) serves at the pleasure of the governor; and (2) is entitled to receive compensation set by the budget agency. As added by P.L.112-19…

department's rights-of-way; access rate or recurring charge prohibited Sec. 20. (a) As used in this section, "communications infrastructure" includes all facilities and equipment used to provide communications service (as defined in IC 8-1-32.5-3). (b) Except: (1) for routine rig…

As added by P.L.112-1989, SEC.5. Amended by P.L.5-1989, SEC.77. Repealed by P.L.100-2012, SEC.23.

As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990, SEC.206; P.L.34-1990, SEC.3. Repealed by P.L.1-1991, SEC.82.

Sec. 4.1. The department is responsible for the following activities: (1) The identification, development, coordination, and implementation of the state's transportation policies. (2) The approval of applications for federal transportation grants from funds allocated to the state…

Sec. 5. (a) The department, through the commissioner or the commissioner's designee, shall: (1) develop, continuously update, and implement: (A) long range comprehensive transportation plans; (B) work programs; and (C) budgets; to assure the orderly development and maintenance of…

information; adoption of rules Sec. 5.5. (a) The department shall develop a program to coordinate the efficient and cost effective use of public rights-of-way by the department and utilities when the department undertakes an infrastructure improvement project. (b) A program devel…

finance authority; confidential documents Sec. 6. (a) The department, through the commissioner or the commissioner's designee, may do the following: (1) Subject to section 6.5 of this chapter, acquire by purchase, gift, or condemnation, sell, abandon, own in fee or a lesser inter…

right-of-way Sec. 6.5. The department may require a private entity to agree, as a condition of the department leasing a right-of-way to the private entity, that facilities constructed or installed by the private entity in or under the right-of-way, which if removed would: (1) cau…

As added by P.L.112-1989, SEC.5. Repealed by P.L.18-1990, SEC.299.

department of transportation Sec. 9. After June 30, 1989, any reference to: (1) the transportation coordinating board (IC 8-9.5-2-1, repealed); (2) the transportation planning office (IC 8-9.5-3-1, repealed); (3) the department of highways (IC 8-9.5-4-2, repealed); and (4) the de…

Sec. 1. This section does not apply to Hendricks County. Except as provided in IC 8-25-4-6, the fiscal body of an eligible county may adopt an ordinance to place on the ballot a local public question granting the fiscal body of the eligible county the authority to fund and carry …

Sec. 10. Nothing in this article creates a moral obligation of the state: (1) to pay for any transportation project or service or other amounts under this article; or (2) to pay any bonds issued under this article. As added by P.L.153-2014, SEC.17.

from the public mass transportation fund exempted from the prohibition Sec. 11. No general tax revenues of the state may be used to pay for a transportation project or service under this article. However, this section does not apply to distributions from the public mass transport…

Sec. 2. If the fiscal body of an eligible county adopts an ordinance under section 1 of this chapter, the county auditor shall certify a copy of the ordinance to the department of local government finance, including the language for the question required by section 3 of this chap…