Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 1. (a) Notwithstanding any other statute or rule of law of the state, any mortgage executed and recorded by a public utility, as defined in IC 8-1-2-1, or by any corporation or other business entity engaged in the railroad business or the transmission of oil, gas, or petrole…

Sec. 1. The following may adopt the provisions of IC 8-4-1 for condemning real estate: (1) Before July 1, 2017, any railroad company organized under Indiana statutes but not under IC 8-4-1. (2) After June 30, 2017, a rail carrier (as defined in 49 U.S.C. 10102(5)) that is: (A) in…

Sec. 1. Whenever two (2) or more railroad companies have heretofore become associated, or shall hereafter become associated, in jointly making or running their roads under any contracts formed or to be formed by such companies, and desire to assume one (1) common name, it shall a…

maintenance Sec. 2. It shall be the duty of said companies, upon the adoption of such common name, to cause a copy of the resolution of such boards to be recorded in the recorder's offices of the different counties through which the road of said companies may run or be located; a…

Sec. 1. All railroads owned or operated in the state having more than two (2) tracks across any public highway or road, and used for switching purposes exclusively or regularly, or if only one (1) track and used for switching purposes, said railroad corporation shall, upon the or…

Sec. 2. Should said railroad corporation neglect or refuse to comply with said order, they shall forfeit and pay to the state of Indiana not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Formerly: Acts 1891, c.150, s.2.

Sec. 1. A person who operates a locomotive engine, upon any railroad in Indiana more than twenty-five (25) miles in length, without having worked or served for the preceding six (6) months as a fireman or engineer on a locomotive engine, commits a Class C infraction. Each day he …

Sec. 2. If any person shall act or serve as a conductor on a railroad train upon any railroad in the state of Indiana which is more than twenty-five (25) miles in length without, for one (1) year prior thereto, having worked or served as a brakeman or conductor on a railroad trai…

Formerly: Acts 1913, c.43, s.3. Repealed by Acts 1978, P.L.2, SEC.867.

Formerly: Acts 1913, c.43, s.4. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 5. Nothing in this chapter shall be construed as applying to the running or operating of engines in taking engines to or from trains at division terminals by engine hostlers, or the shifting of cars or making up trains, or doing any work appurtenant thereto to any engine-hou…

Sec. 6. The provisions of this chapter shall apply to any person, firm, corporation, lessee, or receiver who or which operates in the state of Indiana a steam railroad more than twenty-five (25) miles in length. Formerly: Acts 1913, c.43, s.6. As amended by P.L.62-1984, SEC.131.

Sec. 7. The Indiana department of transportation shall enforce this chapter. Formerly: Acts 1913, c.43, s.7. As amended by P.L.62-1984, SEC.132; P.L.384-1987(ss), SEC.91; P.L.18-1990, SEC.100.

Sec. 1. As used in this chapter: (1) "Port authority" means a port authority created pursuant to authority of this chapter. (2) The terms "port" or "harbor" may be used interchangeably and when used in this chapter shall mean any area used for servicing, storing, protecting, moor…

Sec. 10. The board of directors shall, from time to time after the adoption of said official plan, have the power to modify, amend, or extend the same, provided that upon the making of any such modification, amendment, or extension thereof, the board of directors shall cause noti…

conclusiveness Sec. 11. The plan and any modification, amendment or extension thereof, when adopted by the board of directors after notice and hearing shall be final and conclusive and its validity shall be conclusively presumed. Formerly: Acts 1959, c.343, s.11.

of facilities Sec. 12. The port authority shall foster and encourage the participation of private enterprise in the development of the port facilities to the fullest extent it deems practicable in the interest of limiting the necessity of construction and operation of such facili…

Sec. 13. (a) Whenever a port authority, which was created or which shall be hereafter created by a city, town or county acting as a singular government unit or which after its creation has come under the jurisdiction of a city, town, or county as a singular government unit, has b…

Sec. 14. Nothing contained in this chapter shall: (a) impair the provisions of law or ordinance directing the payment of revenues derived from public property into sinking funds or dedicating such revenues to specific purposes; (b) impair the powers of any county, township, or mu…

land or property Sec. 15. Contracts for the creation, construction, alteration, or repair of any building, structure, or other improvement undertaken by a port authority created in accordance with this chapter shall be let in accordance with IC 36-1-12. No lease or sale of any la…

Sec. 16. The board of directors of a port authority shall annually prepare a budget for the port authority. Rents and charges received by the port authority shall be used for the general expenses of the port authority and to pay interest, amortization, and retirement charges on m…

levies; docking and launch fees Sec. 17. (a) The board of directors of any port authority may, by resolution, recommend to any municipal corporation or county that a cumulative channel maintenance fund be established under IC 6-1.1-41 to provide funds for the: (1) dredging of cha…

Sec. 18. Before receiving any moneys, the secretary of a port authority shall furnish bond in such amount as shall be determined by the port authority, with sureties satisfactory to it, and all funds coming into the hands of said secretary shall be deposited by him to the account…

Sec. 19. This chapter is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity lies in the fact that the provisions of this chapter should become effective immediately in order t…

against; contracts Sec. 2. (a) Any municipal corporation, county, or any combination of a municipal corporation, municipal corporations, county, or counties may create a port authority and there may be created a port authority in a county having a population of more than four hun…

property Sec. 20. The board of directors of a port authority may enter into such contracts or other arrangements with the United States government, or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the state government o…

Formerly: Acts 1959, c.343, s.21. Repealed by Acts 1975, P.L.86, SEC.4.

decal Sec. 22. (a) This section applies to a city that: (1) creates; or (2) participates in the creation of; a port authority created under this chapter that includes a channel that is ordinarily navigable to Lake Michigan. (b) The fiscal body of a city described in subsection (a…

Sec. 23. (a) The fiscal body of a city that creates or participates in the creation under this chapter of a port authority that includes a channel that is ordinarily navigable to Lake Michigan may impose a marina launch fee for a watercraft that is launched from a marina, dock, o…

corporations Sec. 3. Any county, which seeks to create a port authority shall, prior to such creation of a port authority, and prior to the exercising of the hereinafter described rights, compensate in full the municipal corporations included in the territory of such county, in a…

Sec. 4. Any municipal corporation or county creating or participating in the creation of a port authority may expend funds not otherwise appropriated to defray the expense of surveys and examinations incidental to the purposes of the port authority so created. Subject to making d…

Sec. 5. (a) A port authority created in accordance with the provisions of this chapter shall be governed by a board of directors. Except as provided in subsection (c), members of a board of directors of a port authority created by the exclusive action of a municipal corporation s…

Sec. 5.5. Any port authority that is created under this chapter may expand its jurisdiction to include any other unit (as defined in IC 36-1-2-23) that desires to join the expanded authority. The legislative body (as defined in IC 36-1-2-9) of each unit that is in the authority s…

Sec. 6. A port authority shall employ and fix the qualifications, duties and compensation of such employees and professional help as it may require to conduct the business of the port and may appoint an advisory board which shall serve without compensation. Any employee may be su…

Sec. 6.5. (a) A port authority operating a railroad under this chapter may establish a retirement plan for the benefit of the port authority's railroad employees and past railroad employees who are not members of the public employees' retirement fund. (b) If a port authority esta…

Sec. 7. The area of jurisdiction of a port authority shall include: (1) all of the territory of the political subdivision or subdivisions creating it; and (2) a facility that is owned or operated by the port authority, whether or not the facility is within the boundaries of the p…

Sec. 8. (a) A port authority is an instrumentality of the state and shall have full power and authority independent of any political subdivision to do the following: (1) Purchase, construct, sell, lease, and operate docks, wharves, warehouses, piers, and other port, terminal, or …

Sec. 8.1. In addition to the other powers granted under this chapter, the port authority may contract for, accept, or otherwise acquire and maintain railroad property and rights-of-way. The port authority may accept and expend funding from any source, and may issue revenue bonds,…

Sec. 8.5. Port authorities created in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), shall have all the powers of port authorities provided under section 8 of this chapter except the power to exercise emin…

Sec. 8.7. (a) The board of directors may, by resolution, recommend to the governing body of the municipality or municipalities creating the port authority that they authorize general obligations, mortgage, or revenue bonds for any one (1) or more of the following purposes: (1) To…

Sec. 8.9. With the approval of the governing body creating it, a port authority may sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns. Money received from these sources shall be deposited in the nonreverting capital fund of th…

objections Sec. 9. The board of directors of a port authority shall prepare or cause to be prepared a plan for the future development, construction, and improvement of the port and its facilities, including such maps, profiles, and other data and descriptions as may be necessary …

Sec. 1. This chapter applies to each: (1) municipality; and (2) county that: (A) does not have a consolidated city; and (B) receives notification from the department of environmental management that the county will be subject to storm water regulation under 327 IAC 15-13; that ad…

Sec. 1.5. The definitions in IC 36-1-2 apply throughout this chapter. As added by P.L.282-2003, SEC.3.

Sec. 10. (a) The revenues set aside for the payment of the principal and interest of the authorized bonds shall be deposited and credited to a special account identified as "the bond and interest redemption account". (b) In determining the amount that is to be set aside for the p…

Sec. 11. The revenues set aside to the depreciation account shall be expended for: (1) the repair of the storm water system; (2) new acquisition, construction, extensions, or additions to the property of the storm water system; or (3) transfer to the bond and interest redemption …

water system Sec. 12. (a) If the board acquires a storm water system and assumes the liability incurred by the seller to construct the storm water system, the principal and interest on the liability so assumed shall be paid from the bond and interest redemption account in the sam…

Sec. 13. (a) The bonds of the district are: (1) a valid claim of the holders only against the bond and interest redemption account and the revenues of the storm water system; and (2) exempt from taxation in Indiana as provided by IC 6-8-5. (b) The bonds may be issued either as re…

Sec. 14. A board acquiring a storm water system and paying for it and for extensions and betterments authorized at the time of acquisition may provide for the combined cost in one (1) issue of bonds. The board shall issue and secure the bonds in the manner provided in this chapte…

upon default Sec. 15. (a) All money received from bonds issued under this chapter shall be applied solely to the acquisition, construction, repair, and maintenance of the storm water system, the cost of the issuance of the bonds, and the creation of any reserve for the bonds. (b)…