Title 8, UTILITIES AND TRANSPORTATION

Sec. 1. This chapter applies to all counties. As added by P.L.386-1987(ss), SEC.20.

Sec. 10. (a) The trustees may adopt rules and bylaws governing their procedure. (b) The proceedings of the trustees shall be recorded in a book provided for that purpose. (c) In addition to their meetings under section 9 of this chapter, the trustees may hold regular and special …

Sec. 11. (a) A county toll road authority is under the control of a board of directors. This board consists of five (5) directors, who shall be appointed by a majority vote of the toll road authority trustees. Each of the original directors shall serve from the date of the direct…

Sec. 12. As the term of a director expires, a successor shall be appointed by a majority vote of the trustees. The new director shall serve for one (1) year from the first day of February after the director's appointment, and until a successor is appointed and qualified. As added…

Sec. 13. If a vacancy occurs on the board of directors, the trustees shall, by a majority vote, appoint a new director to serve the remainder of the term. As added by P.L.386-1987(ss), SEC.20.

Sec. 14. (a) The first directors of a toll road authority shall, within thirty (30) days after their appointment, meet for the purpose of electing officers. They shall elect from among themselves a president, a vice president, a secretary, and a treasurer. Each of these officers …

Sec. 15. In addition to their meetings under section 14 of this chapter, the directors may hold the regular and special meetings they consider necessary. The directors may fix the times of these meetings and the notices required for meetings by resolution or under their rules and…

Sec. 16. (a) The directors may adopt the rules and bylaws they consider necessary for the proper conduct of their proceedings, the performance of their duties, and the safeguarding of the funds and property of the toll road authority. (b) A majority of the directors constitutes a…

Sec. 17. A trustee or director who: (1) ceases to be a resident of the county; or (2) becomes an officer or employee of a unit that established the authority; vacates office. As added by P.L.386-1987(ss), SEC.20.

Sec. 18. (a) A person seeking the removal of a trustee for: (1) neglect of duty; (2) incompetence; (3) inability to perform the trustee's duties; or (4) any other good cause; may file a complaint in the circuit or superior court for the county in which the toll road authority is …

Sec. 19. A trustee or director is not entitled to a salary but is entitled to reimbursement for expenses necessarily incurred in the performance of duties. As added by P.L.386-1987(ss), SEC.20.

Sec. 2. The definitions in IC 36-1-2 apply throughout this chapter and IC 8-18-21. As added by P.L.386-1987(ss), SEC.20.

Sec. 20. A trustee or director may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. Any such transaction in which a trustee or director has a pecuniary interest is void. As added by P.L.386-1987(ss), SEC.20.

Sec. 3. As used in this chapter and IC 8-18-21, "toll road" includes: (1) the land required for a toll road right-of-way; and (2) any highway constructed under this chapter, including all bridges, tunnels, interchanges, entrance plazas, approaches, tollhouses, and buildings requi…

Sec. 4. (a) A county may establish a separate municipal corporation to be known as the "______________ County Toll Road Authority" (including the name of the county seat and county) for the purposes of: (1) acquiring land; and (2) financing, constructing, reconstructing, and oper…

Sec. 5. (a) Whenever the county auditor receives a notice that: (1) is signed by the presiding officers of the county executive, the county fiscal body, and the municipal fiscal body of the county seat; (2) states that those bodies have agreed to hold a public hearing on and cons…

Sec. 6. (a) Within sixty (60) days after the adoption of the concurrent resolution under section 5 of this chapter, a board of toll road authority trustees shall be appointed. The board consists of five (5) trustees who are appointed in the following manner and for the following …

Sec. 7. (a) As the term of a trustee expires, a successor shall be appointed by the same appointing authority, for a term of four (4) years. (b) A trustee holds over after the expiration of the trustee's term until a successor is appointed and qualified. As added by P.L.386-1987(…

Sec. 8. If a person appointed as a trustee: (1) fails to qualify within ten (10) days after notice of the appointment is mailed to that person; or (2) qualifies but then dies, resigns, vacates the office because that person is no longer a resident of the county, or is removed fro…

Sec. 9. (a) The first trustees of the toll road authority shall, within thirty (30) days after their appointment, meet at a time and place designated by the circuit court for the county for the purpose of electing officers. The trustees shall elect from among themselves a preside…

Sec. 0.1. (a) The amendments made to sections 4, 5, 7, and 9 of this chapter by P.L.42-2007 apply to registrations and fees due after December 31, 2006. (b) If the effective date for the repeal of the single state registration system established under 49 U.S.C. 11506 is delayed b…

Sec. 10. A person who violates this chapter commits a Class C infraction. As added by P.L.110-1995, SEC.9.

Sec. 4. This chapter applies to: (1) persons engaged in the interstate transportation of passengers, property, or household goods over public highways in Indiana; (2) brokers; (3) freight forwarders; and (4) leasing companies. As added by P.L.110-1995, SEC.4. Amended by P.L.42-20…

Sec. 5. (a) Except as provided in subsection (b), a motor carrier may not operate motor vehicles upon any public highway in interstate commerce under a certificate of public convenience and necessity or permit issued to the carrier by the United States Department of Transportatio…

Sec. 7. Before operating a motor vehicle on the public highways of this state in the interstate transportation of property or passengers, the person who operates the motor vehicle must register under the unified carrier registration system established under 49 U.S.C. 13908. As ad…

Sec. 8. Fees collected under this chapter shall be deposited in the motor carrier regulation fund established under IC 8-2.1-23. As added by P.L.110-1995, SEC.7.

Sec. 9. (a) Except as provided in subsection (b), this chapter does not affect the reciprocity laws between states concerning license plates on commercial motor vehicles. (b) If there is a conflict between this chapter and the unified carrier registration system established under…

Sec. 1. (a) The department and the United States Secretary of Commerce shall enter into agreements under 23 U.S.C. concerning the regulation of billboards, signs, junkyards, and scrap metal processing areas in areas adjacent to the interstate and primary highway systems. The agre…

Sec. 10. The department may acquire and shall pay just compensation for the removal of signs that do not conform to this chapter. A removal by the department or sign owner under this chapter constitutes a taking, and the owner shall be compensated under IC 32-24-1. Compensation s…

Sec. 11. Compensation under section 10 of this chapter shall be paid to a person entitled to compensation upon the presentation to the department of information that the department requires. The claim for compensation must be filed within one hundred eighty (180) days after the r…

Sec. 12. If a claimant under section 11 of this chapter and the department do not reach agreement on the amount of compensation to be paid within one hundred twenty (120) days after the claim is filed, the claimant may file a civil action to have the compensation determined. An a…

Sec. 13. (a) The department shall enforce this chapter. (b) When the department is notified by a governmental agency of a possible violation of this chapter, the department shall determine whether a violation exists. Whenever the department determines a violation exists, the depa…

Sec. 14. Whenever the attorney general receives a resolution under section 13 of this chapter, the attorney general shall commence an action in a court having jurisdiction to enjoin the violation of this chapter. The attorney general may also request the prosecuting attorney of t…

Sec. 15. (a) Subsection (c) does not apply to signs erected before March 15, 1986. (b) A board, commission, council, governmental body, or political subdivision that has the legal authority to zone land has authority to zone areas for commercial or industrial purposes. Except as …

Sec. 16. (a) Subsection (b) does not apply to: (1) actions taken by the department under this chapter; or (2) the removal, taking, or appropriation of a sign, display, or device prohibited under section 6 of this chapter. (b) Before an outdoor advertising sign, display, or device…

Sec. 17. A person may not establish, operate, or maintain a junkyard or scrap metal processing facility that is within one thousand (1,000) feet of the nearest edge of a right-of-way of an interstate or primary highway, unless the junkyard or facility conforms to one (1) of the f…

Sec. 18. The department shall, if feasible, place a screen on the highway right-of-way or an area acquired for the purpose between a highway and a junkyard or a scrap metal processing facility that is lawfully located within one thousand (1,000) feet of a highway in the interstat…

Sec. 19. The department shall adopt rules to govern the location, planting, construction, and maintenance of screens and fences required under this chapter. As added by P.L.18-1990, SEC.229.

Sec. 2. The regulatory standards set forth in an agreement described in section 1(a) of this chapter must be consistent with customary use in Indiana. The agreement must be in a form that is in the best interests of the state and may be of a duration and subject to terms and prov…

Sec. 20. If the department determines that the topography of the land adjoining a highway in the interstate or primary system will not permit adequate screening of a junkyard or scrap metal processing facility, or that the screening of a junkyard or facility would not be economic…

Sec. 21. A political subdivision may enact and enforce requirements for junkyards and scrap metal processing facilities that are in addition to the requirements of this chapter. As added by P.L.18-1990, SEC.229.

Sec. 22. (a) A person who violates section 4, 5, or 6 of this chapter commits a Class C infraction. Whenever the department discovers or is given written notice of a violation by a responsible government agency, the department shall give thirty (30) days notice, by certified mail…

Sec. 23. The department may accept an allotment of funds by the United States, or an agency of the United States, appropriated to carry out 23 U.S.C. 131. The department shall take any necessary action to obtain funds allotted under 23 U.S.C. 131 to receive reimbursement for the …

Sec. 24. The department may not acquire a sign, the real property upon which the sign is situated, a junkyard, or a scrap metal processing facility unless: (1) the acquisition costs are eligible for not less than seventy-five percent (75%) federal participation; (2) there are suf…

Sec. 25. (a) The department shall institute a permit system to regulate the erection and maintenance of outdoor advertising signs along: (1) the interstate and primary system, as defined in 23 U.S.C. 131(t) on June 1, 1991; and (2) any other highways where control of outdoor adve…

Sec. 25.5. (a) The department may adopt rules under IC 4-22-2 that provide for the issuance of a permit for a changeable message sign erected, operated, used, or maintained in areas described in section 25(a) of this chapter. (b) A permit authorized by this section may not otherw…