Title 8, UTILITIES AND TRANSPORTATION

Sec. 2. It shall be the duty of said board to cause a copy of the resolutions changing the name of their road as above provided, to be recorded in the office of the recorder of the several counties through which the road may run, and also to give notice thereof by publication in …

Sec. 3. The change of name as provided in this chapter shall not be construed to deprive any company of any of the powers and franchises granted to it by the original incorporation statute or amendments thereto; nor shall anything in this chapter be so construed as to prevent any…

Sec. 1. It is a Class C infraction for a person, or the lessee or receiver of any person, who owns or operates any line of steam or interurban railroad to run trains without installing and maintaining, at each grade crossing of its railroad with any public highway, railroad cross…

Sec. 1. It is a Class C infraction for a railroad company to allow any person to fill the position of an engineer, fireman, conductor, baggagemaster, brakeman, or flagman unless regularly employed as such. This section does not prevent any railroad company using any person in cas…

Sec. 3. The Indiana department of transportation shall enforce this chapter. Formerly: Acts 1913, c.232, s.3. As amended by P.L.62-1984, SEC.133; P.L.384-1987(ss), SEC.92; P.L.18-1990, SEC.101.

Sec. 1. Where, by virtue of the provisions of any law of this state, any designated portion of the gasoline tax collected by the state shall have been distributed to the several cities of the state to be used for the maintenance and repair of the streets of such cities, such fund…

Sec. 1. As used in this chapter, "municipal utility" refers to a municipally owned: (1) water utility; (2) wastewater utility; or (3) combined water and wastewater utility; regardless of whether the municipal utility is under the jurisdiction of the commission for the approval of…

Sec. 10. (a) This section applies to a dispute, other than a dispute described in section 7, 8, or 9 of this chapter, that: (1) arises between two (2) or more utilities as to which utility will provide utility service in a regulated territory; and (2) is not the subject of an act…

Sec. 11. This section applies to a municipality that: (1) after December 31, 2012, adopts a regulatory ordinance that establishes a service territory that is smaller than the regulated territory; and (2) either: (A) amends the ordinance described in subdivision (1); or (B) adopts…

Sec. 12. An order issued by the commission under this chapter is a final order for purposes of IC 8-1-3 and is enforceable in court. As added by P.L.213-2014, SEC.7.

Sec. 13. A petition filed under this chapter is not subject to the following: (1) IC 8-1.5-3. (2) IC 36-9-23. (3) IC 36-9-25. As added by P.L.213-2014, SEC.7.

Sec. 2. As used in this chapter, "regulated territory" means the area outside the corporate boundaries of a municipality described in: (1) IC 36-9-2-18; or (2) IC 36-9-23-36. As added by P.L.213-2014, SEC.7. Amended by P.L.277-2019, SEC.1.

Sec. 3. As used in this chapter, "regulatory ordinance" means an ordinance adopted by a municipality that: (1) asserts the exclusive authority of a municipal utility to provide service within a regulated territory; or (2) prohibits another utility from providing utility service i…

Sec. 4. As used in this chapter, "utility" means a utility that provides: (1) water service; (2) wastewater service; or (3) combined water and wastewater service; regardless of whether the utility is under the jurisdiction of the commission for the approval of rates and charges. …

Sec. 5. As used in this chapter, "wholesale sewage petition" refers to a petition filed under IC 8-1-2-61.7 for review of rates and charges for wholesale sewage service. As added by P.L.213-2014, SEC.7.

Sec. 6. Notwithstanding any other provision in this title or IC 36, the offering or provision of service by a utility in a regulated territory is under the jurisdiction of the commission as set forth in sections 7, 8, 9, and 10 of this chapter. As added by P.L.213-2014, SEC.7.

Sec. 7. (a) This section applies if: (1) a municipality adopts a regulatory ordinance before January 1, 2013; (2) a dispute arises or exists between a utility owned by the municipality and another utility as to which utility provides service to customers that connected to service…

Sec. 8. (a) This section applies if: (1) a municipality adopts a regulatory ordinance after December 31, 2012; and (2) a utility owned by the municipality files a wholesale sewage petition. (b) A municipality may not enforce a regulatory ordinance until all the following conditio…

Sec. 9. (a) This section applies if: (1) a municipality adopts a regulatory ordinance after December 31, 2012; and (2) a utility owned by the municipality does not, or is not eligible to, file a wholesale sewage petition. (b) A municipality may not enforce a regulatory ordinance …

Sec. 1. (a) The department shall select the route of highways in the system of highways under its control through cities and towns, and may change the routes as the department determines most convenient for public travel. (b) Notwithstanding subsection (a) and in or near the city…

Sec. 2. If the construction of a street necessitates the construction of adequate connecting facilities outside the limits of the street to provide for drainage of the street, the necessary mains, laterals, and connections shall be provided for in the plans, included as part of t…

Sec. 3. (a) Whenever a street on the state highway system is located within the boundaries of a city or town and is occupied by the track or tracks of a street railway, interurban railway, or steam railroad, the department is not required to maintain, construct, or improve the pa…

Sec. 4. Whenever: (1) the department designates a business route or a special route as an alternate to a state highway; (2) the route is laid out through a city or town; and (3) no other state highway is routed over the business or alternate route; the city or town is responsible…

Sec. 5. This chapter does not annul, limit, or abridge the right of a city or town, either at its own expense or at the expense of property owners subject to assessment, to improve the sidewalks and curbs along a street forming the route of a state highway, to construct sewers an…

Sec. 6. (a) An opening may not be made in: (1) a highway in the state highway system; (2) the right-of-way of a state highway; or (3) the roadway of a street of a city or town over which a state highway is routed and which the department is required to maintain; and a structure o…

Sec. 1. This chapter applies to a township located in an eligible county. As added by P.L.153-2014, SEC.17.

Sec. 10. (a) If the voters of a township described in section 2(a)(2)(A)(i) or 2(a)(2)(B)(i) of this chapter approve a local public question under this chapter, the fiscal body of the eligible county in which the township is located shall adopt an ordinance under IC 6-3.6-6 to im…

Sec. 12. A tax rate imposed under this chapter applies only to the local taxpayers who reside in a township in which the voters approve a local public question held under this chapter. As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.100.

Sec. 13. IC 8-25-3-6 applies to a public transportation project authorized under this chapter in a township. As added by P.L.153-2014, SEC.17.

Sec. 14. Bonds issued with respect to a public transportation project in the township must be paid from tax revenue collected from local taxpayers who reside in the township. As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.101.

Sec. 15. IC 36-9-2-2(b) and IC 36-9-2-2(c) apply to a public transportation project authorized under this chapter in a township. As added by P.L.153-2014, SEC.17.

Sec. 2. (a) This subsection does not apply to townships located in Hendricks County. If: (1) the fiscal body of the county in which a township is located does not adopt an ordinance under IC 8-25-2-1; and (2) the township is adjacent to: (A) an eligible county in which: (i) a pub…

Sec. 3. If the fiscal body of a township adopts a resolution under section 2 of this chapter, the township trustee shall certify a copy of the resolution to the department of local government finance, including the language for the question required by IC 8-25-2-3. The township t…

Sec. 4. If the county election board of an eligible county receives from a township trustee a certified copy of the resolution adopted under section 2 of this chapter and the approved language for the local public question, the county election board shall place the following ques…

Sec. 5. If a township trustee certifies a resolution 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 under IC 3-10-9-3 and for which all voters of t…

Sec. 6. After an election on the local public question, the circuit court clerk of the eligible county in which the township is located 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 d…

Sec. 7. The local public question is approved by a township if a majority of the township voters voting on the local public question vote "yes". The local public question is defeated by a township if a majority of the township voters voting on the local public question vote "no".…

Sec. 8. If the local public question is defeated in a township, the fiscal body of the township may adopt a resolution under section 2 of this chapter to place another local public question on the ballot as provided in this chapter at a subsequent general election in the township…

Sec. 9. IC 8-25-2-12 applies to a local public question held under this chapter. As added by P.L.153-2014, SEC.17.

Sec. 1. (a) Subject to this chapter, a corridor may be used for a recreational trail. (b) A recreational trail may not be authorized under this chapter to be used by motorized vehicles except for the following: (1) Vehicles used to maintain or provide security for the trail. (2) …

Sec. 2. Before a corridor in any part of a county may be converted for use as a recreational trail, a responsible party must file the information required by section 3 of this chapter with the following: (1) The department of natural resources. (2) If any part of the recreational…

Sec. 3. A responsible party must file the following information under section 2 of this chapter: (1) A description and map of the proposed recreational trail. The information filed under this subdivision must identify the following: (A) The properties for which the responsible pa…

Sec. 4. (a) After the responsible party completes the filings required by section 3 of this chapter: (1) if the entire recreational trail is intended to be located within a municipality, the legislative body of the municipality may adopt an ordinance authorizing the recreational …

Sec. 5. (a) A property owner has no duty of care to any person who is using a recreational trail. (b) This section does not relieve a property owner from liability for injury that is a direct result of the property owner's: (1) own use of a recreational trail; or (2) gross neglig…

Sec. 6. At the request of a property owner, the responsible party (including a governmental entity), at the responsible party's expense, shall do the following: (1) If the responsible party is not a governmental entity, either: (A) post a bond in an amount sufficient to satisfy t…

Sec. 7. A governmental entity shall determine that the requirements for approval of a recreational trail under this chapter have been satisfied before the governmental entity may do either of the following: (1) Participate in the operation of a recreational trail. (2) Spend or gr…