Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 1. (a) A public utility, except in cities of the third class, engaged in the production, transmission, delivery, or furnishing of heat, light, water, or power or for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid sewage or furn…

Formerly: Acts 1921, c.98, s.2. Repealed by P.L.59-1984, SEC.60.

Sec. 3. This chapter shall be construed as supplemental legislation and not as repealing any statutes in force on May 31, 1921. Formerly: Acts 1921, c.98, s.3. As amended by P.L.59-1984, SEC.61.

Sec. 1. Any railroad corporations, lessee or assignee or receiver, or other person or corporation, running, controlling or operating, or that may hereafter construct, build, run, control or operate, any railroad into or through this state, shall, within forty-five (45) days from …

Sec. 2. Every such conveyance, lease, release, or other contract affecting any right of way of any railroad not so recorded in forty-five (45) days, as provided for in section 1 of this chapter, shall be void as against any subsequent purchaser, lessee, or mortgagee in good faith…

Sec. 1. It shall be lawful for any railroad company in this state, organized under the general or special laws of this state, to make branches or extensions of its railroad to the boundary-line of any county in which such railroad may have a terminus, such boundary-line being als…

Sec. 1. A person operating or controlling any railroad shall equip each of its track motor cars used, during the period from thirty (30) minutes before sunset to thirty (30) minutes after sunrise, with an electric head-light of such construction and with sufficient candlepower to…

Formerly: Acts 1955, c.141, s.2. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 3. The Indiana department of transportation shall make the necessary investigations concerning compliance with this chapter, and shall cause to be filed by the proper enforcing agencies, affidavits for the enforcement of this chapter. Formerly: Acts 1955, c.141, s.3. As amen…

Sec. 1. It is a Class C infraction for a steam railroad company to permit any foreman or person having charge of sectionmen employed for the purpose of building, constructing, and repairing railroad tracks to operate with the sectionmen outside of yard limits without the foreman …

Formerly: Acts 1911, c.233, s.2. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 1. The intent of this chapter is to create a method of providing financial assistance to counties, cities, and towns (referred to as "units" in this chapter) which have serious road and street deficiencies. This chapter has the purpose of enhancing public safety and ensuring…

from motor vehicle highway account Sec. 10. The Indiana department of transportation shall make loans from the distressed road fund: (1) to any qualified county under the terms of this chapter; or (2) to any unit eligible to receive a distribution from the motor vehicle highway a…

and department; restrictions on funds Sec. 11. (a) A unit must make application for the loan to the Indiana department of transportation. The application must include, as a minimum: (1) a map depicting all roads and streets in the system of the applicant; and (2) a copy of that u…

Sec. 12. Funds in the distressed road fund may be appropriated to the Indiana department of transportation to maintain a working balance in accounts established primarily to facilitate the matching of federal and local money for highway projects. As added by P.L.113-1983, SEC.3. …

Sec. 2. There is established a distressed road fund which is to be administered by the Indiana department of transportation. The distressed road fund is a nonbudgetary, nonreverting fund. As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990, SEC.113.

Sec. 3. For purposes of this chapter, "qualified county" refers to any of the following counties: (1) A county having a population of more than sixty thousand (60,000) and less than sixty-five thousand (65,000). (2) A county having a population of more than forty-three thousand f…

Sec. 4. (a) A qualified county which: (1) has adopted the county vehicle excise tax under IC 6-3.5-4 and the county wheel tax under IC 6-3.5-5; (2) is imposing the county vehicle excise tax at: (A) the maximum allowable rate, if the qualified county sets a county vehicle excise t…

Sec. 5. (a) In evaluating each applicant's needs for a loan from the distressed road fund, the Indiana department of transportation shall use criteria that are consistent with good engineering practices. The criteria used must include, at a minimum: (1) traffic counts and project…

Sec. 6. Within thirty (30) days of the date of application for a loan by a qualified county, the department of local government finance shall submit to the Indiana department of transportation a financial report which shall include the following: (1) The amount of money available…

Sec. 7. (a) The Indiana department of transportation shall notify a qualified county that makes a loan application of the department's approval or disapproval of the application within sixty (60) days of the date of application. The decision made by the department to approve or d…

Sec. 8. All amounts received by the Indiana department of transportation from a county as repayment of a loan made under this chapter, or as payment of interest on a loan made under this chapter, shall be deposited in the distressed road fund. As added by Acts 1981, P.L.88, SEC.1…

Roads and Streets Sec. 9. Notwithstanding any other law, expenditure made from the distressed roads fund are not subject to the provisions of the Geometric Design Guide for Local Roads and Streets. As added by Acts 1982, P.L.79, SEC.2.

Formerly: Acts 1957, c.97, s.1. As amended by P.L.86-1988, SEC.38. Repealed by P.L.113-1989, SEC.11.

authorities; bridge repair, reconstruction, or replacement in second class cities Sec. 2. A county having an authority established under IC 36-7-23 may pay for the repair, reconstruction, or replacement of a damaged bridge in a second class city. As added by P.L.346-1989(ss), SEC…

Sec. 1. (a) The plan commission having jurisdiction over the unincorporated area of the county, or if the unincorporated area of the county is not subject to the jurisdiction of a plan commission, the county executive, may authorize the preparation of maps depicting the county ro…

Sec. 2. (a) The plan commission or county executive shall direct the county engineer or may request the county surveyor to prepare the maps. The county surveyor or the county engineer may be compensated in addition to the salary the surveyor or engineer receives for preparation o…

Sec. 3. The maps shall be available to all units of government free of charge. The maps shall be available to the general public at a charge to be determined by the county plan commission or county executive. Money received from the sale of the maps shall be deposited in the coun…

Formerly: Acts 1932(ss), c.16, s.1. Repealed by Acts 1975, P.L.28, SEC.1.

Formerly: Acts 1932(ss), c.16, s.2. Repealed by Acts 1975, P.L.28, SEC.1.

Formerly: Acts 1932(ss), c.16, s.3. Repealed by Acts 1975, P.L.28, SEC.1.

Formerly: Acts 1932(ss), c.16, s.4. As amended by Acts 1933, c.39, s.1. Repealed by Acts 1975, P.L.28, SEC.1.

Sec. 5. All expenses incurred in the maintenance of county highways shall first be paid out of funds from the gasoline tax, special fuel tax, and the motor vehicle registration fees that are paid to the counties by the state. In addition, a county may use funds derived from the: …

close road Sec. 1. The county executive may temporarily close or relocate a road or a portion of a road that is part of that county's road system for a period not exceeding five (5) years. If the road is located on a county line or if parts of the road are located in more than on…

Sec. 2. Any person controlling the use of land contiguous to a road may file a petition with the executive to close the road under this chapter. As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988, SEC.221.

Sec. 3. A petition to temporarily or permanently close or relocate a road must include: (1) the name and address of each petitioner; (2) the name of the county and township where the road is located; (3) an exact description of the portion of the road to be closed or relocated; (…

relocation; permanent closure or relocation Sec. 4. (a) The county executive may temporarily close or relocate the road in response to the petition if: (1) the executive finds that closing or relocating the road is in the public interest and economic interest of the county; (2) t…

Sec. 5. The authority granted the board of commissioners under this chapter supplements and does not replace the authority the board may have under law to permanently vacate a road or street or to close a road or street for routine maintenance and repair. As added by Acts 1979, P…

Sec. 6. The petitioner shall send a copy of the petition by certified mail to each owner of property contiguous to the road. As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988, SEC.224.

September 1, 1979 Sec. 7. This chapter does not apply to any temporary obstruction or closing of any county road by any board of commissioners before September 1, 1979. As added by Acts 1979, P.L.97, SEC.1.

federal participating funds Sec. 1. (a) The following terms apply throughout this section: (1) "Municipality" means any political subdivision, district, public corporation or authority in this state which is or may be authorized by law to acquire, establish, construct, maintain, …

Sec. 1. The department and the highway authorities of the counties and municipalities, acting alone or in cooperation with each other or any federal agency, or state or local agency of another state having authority to participate in the construction and maintenance of highways, …

Sec. 1.3. (a) The department shall do the following: (1) Determine commerce corridors within Indiana. (2) Determine the level of service of each commerce corridor. (3) Establish procedures for maintaining the level of service in a commerce corridor. (4) Adopt an improvement plan …

Sec. 10. (a) As used in this section, "designated highway" refers to the highway designated as a limited access facility under subsection (b). (b) The department shall designate and do all acts necessary to establish the part of State Road 331 in St. Joseph County from the U.S. H…

Sec. 2. The department and the highway authorities may divide a limited access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and…

Sec. 3. (a) The department or a highway authority may acquire private or public property and property rights for limited access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation for the laying out, widening,…

Sec. 4. (a) The department or the highway authority of a county or municipality may designate and establish limited access facilities as new and additional facilities or may designate and establish an existing street or highway as included within a limited access facility. (b) Th…

Sec. 5. Whenever the department constructs a bypass highway around a municipality, the department shall designate the bypass highway as a limited access facility. As added by P.L.18-1990, SEC.217.

government Sec. 6. (a) The department may enter into agreements with a county, municipality, or the federal government concerning limited access facilities or other public ways under their jurisdiction under this chapter or any other state or federal law authorizing cooperation t…

Sec. 7. (a) The department, a county, or a municipality may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets, or designate as local service roads and streets existing roads or streets, and exercise jurisdiction over s…