Title 8, UTILITIES AND TRANSPORTATION

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 of the property under its control, to impose the penalties for…

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…

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 body of the eligible …

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

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 Any rules of: (1) the transportation coordinating board (IC 8-9.5-2-1, repealed); (2) the transportation planning office (IC 8-9.5-3-1, repealed); (3) the department of highways (IC 8-9.5-4-2, repealed); and (4) the department of transportation (IC 8-9.5-5-2, repealed); …

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…

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 materials or for any other highway purpose. When…

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 on the highway. (…

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 decisions affecting proposed highway or bridge construction or improvement projects on a county art…

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…

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 Indiana; and (B) eval…

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…

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 right-of-way permit fees to enter the department's rights-of-way for the m…

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…

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 developed under subsection (a) may r…

Sec. 5.7. (a) Before the department may proceed with contract letting for any project for which the whole project or any part of the project is estimated to cost at least two hundred fifty million dollars ($250,000,000) in any single county the project must be reviewed by the bud…

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 interest, hold, or lease property in the name o…

Sec. 6.1. (a) The department may assume the responsibilities of the United States Department of Transportation with respect to the United States Department of Transportation's duties under the federal National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other fe…

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) cause irreparabl…

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 department of transportation (I…

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.

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 transportation fund (before its repeal). As added by P.L.153-2014, SEC.17. Amend…

Sec. 12. (a) Except as otherwise provided in this section, during the period beginning with the date on which an ordinance is adopted under this chapter to place a local public question on the ballot and continuing through the day on which the public question is submitted to the …

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…

Sec. 3. (a) This section applies to Delaware County, Hamilton County, Hancock County, Johnson County, Madison County, and Marion County. (b) If a fiscal body of an eligible county adopts an ordinance under section 1 of this chapter, the county auditor shall certify the ordinance …

Sec. 6. Except as provided in section 9 of this chapter, if a county auditor certifies an ordinance under section 3 of this chapter, the county election board shall place the local public question on the ballot at the next general election for which the question may be certified …

Sec. 7. After an election on the local public question, the circuit court clerk of the county shall: (1) make a certified copy of the election returns; and (2) not later than five (5) days after the election, file the copy with: (A) the department of state revenue; and (B) the fi…

Sec. 8. The local public question is approved by a county if a majority of the county voters voting on the local public question vote "yes". The local public question is defeated by a county if a majority of the county voters voting on the local public question vote "no". As adde…

Sec. 9. If the local public question is defeated in a county, the fiscal body may adopt an ordinance under section 1 of this chapter to place another local public question on the ballot as provided in this chapter at a subsequent general election in the county. However, a local p…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.68-1988, SEC.12.

Sec. 10. "Property owner" means all individuals, copartnerships, associations, governmental units or entities, corporations, limited liability companies, or other legal entities having any title or interest in any land, rights-of-way, property, rights, easements, or legal or equi…

Sec. 11. "Public thoroughfares" means any facilities for the movement of vehicular traffic owned by any governmental entity other than the state. As added by P.L.68-1988, SEC.12.

Sec. 12. "Transportation systems" means any facilities for the movement of vehicular traffic owned, leased, or operated by the state or the authority. As added by P.L.68-1988, SEC.12.

Sec. 13. "Weighted average life" of an issue of bonds or notes means: (1) the sum of the products of the face amount of each maturity and the number of years to maturity (determined separately for each maturity and by taking into account mandatory sinking fund redemptions); divid…

Sec. 14. "Weighted average useful life" of a project or projects means: (1) the sum of the products of the cost of each asset comprising the project or projects and the useful life of the respective asset; divided by (2) the total cost of all the assets comprising the project or …

Sec. 2. "Authority" refers to the Indiana finance authority established by IC 5-1.2-3. As added by P.L.68-1988, SEC.12. Amended by P.L.235-2005, SEC.114; P.L.189-2018, SEC.81.

Sec. 3. "Bonds" refers to bonds of the authority issued under IC 8-14.5-6 or IC 8-14.5-7. As added by P.L.68-1988, SEC.12. Amended by P.L.246-2005, SEC.80.

Sec. 4. "Capitalized interest" means interest cost on bonds or notes before and during the period of construction of the project for which the bonds or notes were issued, and for a period not to exceed one (1) year after completion of construction. As added by P.L.68-1988, SEC.12…

Sec. 5. "Construction" means the construction, acquisition, reconstruction, improvement, and extension of a project. As added by P.L.68-1988, SEC.12.

Sec. 6. "Costs" as applied to any project includes any item or cost of a capital nature incurred in the construction of a project, including: (1) the cost of construction; (2) the cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or …

Sec. 7. "Department" refers to the Indiana department of transportation established under IC 8-23-2. As added by P.L.68-1988, SEC.12. Amended by P.L.18-1990, SEC.125.