Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 7. All contractual and other legal regulations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath. Formerly: Acts 1927, c.43, s.8.

health disorder; dropping objects while in flight; offenses Sec. 8. It is a Class B misdemeanor for a person to operate an aircraft while he is under the influence of intoxicating liquor or a controlled substance. It is a Class B misdemeanor for a person to operate an aircraft if…

Sec. 9. A person who, while in flight in an aircraft, intentionally kills a bird or animal commits a Class B misdemeanor. Formerly: Acts 1927, c.43, s.10. As amended by Acts 1978, P.L.2, SEC.863.

Sec. 1. (a) Governmental units in each of two (2) party states may combine in the creation of an airport authority for the purpose of jointly supporting and operating an airport terminal and all attached properties. The governmental units are not limited as to number, character, …

Sec. 2. (a) The airport authority may sue and be sued, and shall adopt an official seal. (b) The airport authority may appoint and remove or discharge personnel as may be necessary for the performance of the airport's functions irrespective of the civil service, personnel, or oth…

records Sec. 3. (a) A party state is not obligated to appropriate funds of the state for the development, support, and maintenance of the airport authority. All revenue received from the air facility and the property, both real and personal, within the jurisdiction and control of…

Sec. 4. The airport authority may: (1) operate and conduct an airport; (2) operate farming operations on real estate appurtenant to the airport; (3) exercise the power of eminent domain in accordance with the statutes of the state in which the airport is located; (4) maintain, op…

Sec. 5. The authority to combine into an airport authority becomes effective at the time when reciprocal authorizing legislation is enacted by a party state authorizing governmental units in that state to combine with governmental units in Indiana in an airport authority. [Pre-Lo…

Sec. 6. This chapter does not affect IC 8-22-5. [Pre-Local Government Recodification Citation: 19-6-5-6.] As added by Acts 1980, P.L.8, SEC.73.

Sec. 7. Before commencement of proceedings for the acquisition and establishment of airports, landing fields, or other air navigation facilities, approval of the acquisition or establishment of the airports, landing fields or other air navigation facilities must be secured and gr…

Sec. 1. The highway and street system of Indiana consists of the following: (1) The state highway system. (2) A county arterial highway system in each county. (3) A county local highway system in each county. (4) A municipal arterial street system in each municipality. (5) A muni…

Sec. 10. Whenever the department determines that, because of the construction of a new state highway, the relocation of a state highway, or a change in general function or use, a part of the state highway system no longer meets the criteria established in section 2 of this chapte…

system Sec. 11. Whenever a county or municipality determines that, because of a change in general function or use, an arterial or local highway or street serves a state function, the highway or street may be transferred to the state system. As added by P.L.18-1990, SEC.213.

Sec. 12. The transfer of roads or streets between systems requires a memorandum of agreement signed by both the transferring agency or unit of government and by the agency or unit of government assuming jurisdiction over the road. The memorandum must state the following: (1) The …

criteria; classification Sec. 2. (a) The state highway system shall be designated by the department. The total extent of the state highway system may not exceed twelve thousand (12,000) miles. The state highway system consists of the principal arterial highways in Indiana and inc…

relocation, and deletion Sec. 3. (a) The county arterial highway system shall be selected by the county executive in each county. The system shall be selected on the basis of the greatest general importance to the county, after an evaluation of each road in the county, including …

relocation, and deletion; municipal local highway systems Sec. 4. (a) The agency responsible for highways in each municipality with a population of at least five thousand (5,000) shall select a system of arterial streets for the municipality. The system shall be selected on the b…

Sec. 5. A highway or street system established under this chapter may not be changed for two (2) years following establishment of the system. A system established under this chapter shall be reviewed at five (5) year intervals, or more frequently if considered desirable, and adju…

Sec. 6. The commissioner shall at all times maintain maps of Indiana, which must show all the highways that constitute the state highway system, the arterial and local highway systems of each county, and the arterial and local street systems of each municipality. As added by P.L.…

Sec. 7. The state aid director shall cooperate with the executives and municipalities to ensure coordination and continuity between all systems. As added by P.L.18-1990, SEC.213.

Sec. 8. The department may change the location of a state highway for the following reasons: (1) To reduce the length of the highway. (2) To eliminate steep grades or sharp turns. (3) To widen narrow parts. (4) To promote public convenience and safety. As added by P.L.18-1990, SE…

consideration Sec. 9. (a) Whenever the department determines that a part of a right-of-way of a highway will not be needed for highway, street, or road purposes, or to reach the premises of a person other than the owner of the original right-of-way, the commissioner may, by execu…

Sec. 1. An eligible county may carry out a public transportation project in accordance with the powers granted to the county by IC 36-9-2 and this article. As added by P.L.153-2014, SEC.17.

opts-in Sec. 10. If a public transportation project is authorized by a local public question held in a township under IC 8-25-6, the fiscal body of the eligible county in which the township is located shall carry out the public transportation project. An eligible county may exerc…

corporation to carry out a public transportation project Sec. 2. The fiscal body of an eligible county may adopt an ordinance authorizing a public transportation corporation to carry out a public transportation project in accordance with the powers granted to the public transport…

project through an interlocal agreement Sec. 3. The fiscal body of an eligible county may adopt an ordinance authorizing the executive of the county to enter into an interlocal agreement with the executive of another eligible county to carry out jointly a public transportation pr…

project through a public-private partnership Sec. 4. The fiscal body of an eligible county may adopt an ordinance authorizing the executive of the county to enter into one (1) or more public-private partnership contracts under which a public transportation project is carried out,…

Sec. 5. If an ordinance authorizing public-private partnership contracts is adopted under section 4 of this chapter, the executive of the eligible county shall issue a request for proposals with respect to each proposed public-private partnership contract and award each contract …

veteran business enterprises, and women's business enterprises Sec. 7. (a) As used in this section, "minority business enterprise" has the meaning set forth in IC 4-13-16.5-1. (b) As used in this section, "veteran business enterprise" means a business enterprise that has a curren…

Sec. 8. If a transportation project is approved in an eligible county, transportation services must be provided through the transportation project throughout the eligible county and must be made available under this article to all citizens of the county. As added by P.L.153-2014,…

Sec. 9. An eligible county may not: (1) purchase, lease, or otherwise acquire; (2) construct; (3) operate; (4) cause any person to purchase, lease, acquire, construct, or operate; or (5) expend revenues deposited in the county public transportation project fund established under …

Sec. 1. The Indiana department of transportation shall determine whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6; P.L.59-2005, SEC.2.

Sec. 1.5. The board shall advise and assist the Indiana department of transportation in matters concerning the acquisition of a railroad's interest in a corridor under this chapter. As added by P.L.59-2005, SEC.3.

Sec. 2. The state may acquire any part of a railroad's interest in a corridor under this chapter for any of the following purposes: (1) A present or future rail line. (2) A transportation corridor. (3) A communication corridor. (4) A trail. (5) A utility corridor. (6) The preserv…

Sec. 3. (a) The Indiana department of transportation shall hold at least one (1) public meeting in a county through which the corridor passes before determining whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. Notice of the me…

Sec. 4. In determining whether the state should acquire any part of a railroad's interest in a corridor, the Indiana department of transportation shall consider the following factors: (1) The potential for future use of the railroad's interest in the corridor as a freight or high…

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.10. Repealed by P.L.59-2005, SEC.5.

Sec. 6. (a) If: (1) a determination is made under this chapter to acquire the railroad's interest in the corridor; and (2) money is available in the fund; the state shall acquire the railroad's interest in the corridor under IC 4-20.5-3. (b) An acquisition by the state under this…

Sec. 7. If the state acquires any interest in the corridor under this article, all revenues from a railroad's interest in a corridor acquired under this chapter, including payments derived from public utility or other easements, must be deposited in the fund. As added by P.L.40-1…

Sec. 8. If a railroad's interest in a corridor is acquired under this chapter for a recreational purpose, the railroad's interest in the corridor may be developed and operated under IC 8-4.5-5. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.13; P.L.164-2020, SEC.28.

Sec. 1. The authority is responsible for the construction, leasing, and ownership of projects. With respect to each project, the authority and the department may enter into a contract for the purposes set forth in this chapter. If the authority and the department decide to enter …

Sec. 2. A contract under this chapter must: (1) provide for the construction and ownership of the project; and (2) describe the project or projects, setting forth in general terms principal features such as geographic location, widths of rights-of-way, number of lanes in each dir…

Sec. 3. The contract may include the following: (1) Provisions for payment by the authority to the department of all costs incurred by the department in the performance of the contracts, including all costs of construction, salaries, wages, and associated costs of department pers…

As added by P.L.181-2016, SEC.34. Repealed by P.L.217-2017, SEC.72.

Sec. 1. Before entering into a public-private agreement under this article, the authority must issue a request for proposals as set forth in this chapter. A request for proposals for a project may be issued by the authority in one (1) or more phases and may include a request for …

Sec. 1.5. (a) This section applies only to a toll road project and not to a freeway project or a facility project. (b) The authority may not issue a request for proposals for a toll road project under this article unless the authority has received a preliminary feasibility study …

Sec. 10. (a) Subject to section 6 of this chapter, and except for those parts that are confidential under IC 5-14-3, the selected offer and a written explanation of the basis upon which the preliminary selection was made shall be made available for inspection and copying in accor…

public-private agreement Sec. 11. (a) After the applicable procedures required in this chapter have been completed, the authority shall make a determination as to whether the offeror that submitted the selected offer should be designated as the operator for the project and shall …

Sec. 12. Any action to contest the validity of a public-private agreement or any underlying agreement related to the public-private project that is entered into under this article may not be brought after the fifteenth day following the publication of the notice of the designatio…

Sec. 13. The authority shall disclose the contents of all proposals, except the parts of the proposals that may be treated as confidential in accordance with IC 5-14-3, when either: (1) the request for proposal process is terminated under section 8 of this chapter; or (2) the pub…