Title 8, UTILITIES AND TRANSPORTATION

Sec. 1. The provisions of this chapter apply to any corporation or to any person or persons while engaged as common carriers in the transportation by railroad of passengers or property within this state to which the regulative power of this state extends. Formerly: Acts 1911, c.6…

Sec. 2. From and after June 1, 1914, it shall be unlawful, except as otherwise provided in this chapter, for any such common carrier by railroad to use on its line any caboose car, or other car used for like purposes, unless such caboose or other car shall be at least twenty-four…

Sec. 3. Whenever any such caboose cars or other cars in use on April 21, 1911, by such common carriers as provided by section 1 of this chapter shall, after April 21, 1911, be brought into any shop for general repairs, it shall be unlawful to again put the same into the service o…

Sec. 4. This chapter does not apply to the use of caboose cars operated in yards and in transfer service. In case of unusual and unforeseen demands of traffic, caboose cars not constructed in compliance with this chapter may be used temporarily, provided that the railroad company…

Sec. 5. The Indiana department of transportation may limit or prescribe the maximum height of a caboose to be used upon any railroad operating in or through the state, and the department may grant to a common carrier, upon full hearing and for good cause shown, a reasonable exten…

Sec. 6. A common carrier that violates this chapter commits a Class C infraction. Formerly: Acts 1911, c.60, s.6. As amended by Acts 1978, P.L.2, SEC.829.

Sec. 7. The Indiana department of transportation shall investigate the conditions and efficiency of cabooses in use on the railroads in this state, and, if found upon investigation, that it is impossible for a railroad company to comply with sections 2 through 6 of this chapter, …

Sec. 1. In all cases which may arise from and after March 6, 1913, where it shall be necessary or convenient for any person, firm, or corporation, or the lessee or receiver of any person, firm, or corporation, owning, or operating any line or lines of steam or interurban railroad…

Sec. 2. Any person, firm, or corporation, or lessee or receiver of any person, firm, or corporation, owning or operating any line or lines of steam railroad in this state who shall violate any of the provisions of this chapter by failing or refusing to provide such pilot engineer…

Sec. 2. (a) As used in this chapter, "local highway system" includes all roads, bridges, culverts, necessary supports, drainage facilities, and roadside developments within the rights-of-way. (b) As used in this chapter, "department" refers to the Indiana department of transporta…

Sec. 4. (a) There is established a research and highway extension program for the local highway system to provide information concerning local highway system planning, design, construction, operation, maintenance, financing, and administration. (b) The department shall contract w…

Sec. 7. (a) Each member of the county executive elected for the first time after October 31, 2020, shall attend any school or course conducted for local officials under IC 8-23-9-56 not later than two (2) years after the date of the member's election to the county executive. (b) …

Sec. 1. (a) Any resident taxpayer may petition the executive of the county where the taxpayer resides to use county highway equipment and employees for ditching, grading, or hauling gravel or stone or other services on the taxpayer's premises. (b) The executive may order the coun…

Sec. 2. The county highway supervisor shall keep a record of the services performed under section 1 of this chapter, and when the work is completed, the highway supervisor shall prepare an itemized statement of the work and the charges. The highway supervisor shall send one (1) c…

Sec. 3. If any petitioner fails to pay for any work, the charges shall be charged by the county auditor on the county tax duplicate against that person, and shall be collected in the same manner as taxes. Any amount collected by the county treasurer shall be turned over to the co…

Sec. 1. When a county highway has been taken over by the Indiana department of transportation and incorporated in the state highway system and is subsequently abandoned as a state highway, the executive of the county where the highway is located may establish a highway over the r…

Sec. 0.1. The amendments made to section 19 of this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007. As added by P.L.220-2011, SEC.205.

Sec. 1. Except as otherwise provided in this chapter, IC 32-24-1 applies to real property transactions conducted by the department. As added by P.L.18-1990, SEC.216. Amended by P.L.2-2002, SEC.48.

Sec. 10. Whenever the department purchases real property by agreement with the owner of the real property as to purchase price, the department shall, in accordance with IC 5-3-1-2(i), publish a list of the following: (1) The owners from whom the property was purchased. (2) The nu…

Sec. 11. A copy of a grant or deed purchased by the department shall be attached to each voucher submitted for payment under this chapter. The state comptroller may not draw and pay the voucher unless the copy is attached. As added by P.L.18-1990, SEC.216. Amended by P.L.9-2024, …

Sec. 12. If condemnation proceedings have been instituted concerning real property, the department shall certify to the state comptroller that the voucher submitted is for escrow and is to be paid to the clerk of the circuit court. The voucher shall be in the amount determined an…

Sec. 13. If the department determines that real property owned in fee simple by the department will not be needed for a purpose described in section 2 of this chapter, the commissioner may, with the approval of the budget agency, issue an order describing the surplus property and…

Sec. 13.5. (a) If the department determines that real property owned in fee simple by the department is nonmarketable due to environmental mitigation requirements imposed by federal or state regulations, the commissioner may, with the approval of the budget agency, issue an order…

Sec. 14. If a property found to be surplus under section 13 of this chapter abuts a parcel of land from which the surplus property was separated and acquired by the department, the surplus property must first be offered for sale to the owner of the abutting property. An offer und…

procedure when abutting property owner fails to accept offer Sec. 15. (a) If an owner offered surplus property under section 14 of this chapter fails to accept the offer within thirty (30) days, the department may furnish a certified copy of: (1) the order issued under section 13…

Sec. 16. If the appraised value of real property determined to be surplus under section 13 of this chapter is less than ten thousand dollars ($10,000), the department may sell the surplus property without advertising or competitive bids for not less than the full appraised value …

Sec. 17. Whenever the department determines that because of: (1) a change in location of a state highway; or (2) any other reason; a parcel of real property owned by the department, or in which the department has rights or an easement, will not be needed, the department may excha…

Sec. 18. Before making an exchange under section 17 of this chapter, both parcels of real property shall be appraised. Any difference in value between the two parcels of property shall be paid or received by the department. A sum received under this section shall be deposited wit…

Sec. 19. (a) If an exchange under section 17 of this chapter includes improvements to be constructed on either parcel of real property, the department shall enter into an agreement with the owner of the parcel of property that the department will receive. An agreement under this …

Sec. 2. The department may acquire real property for any purpose necessary to carry out this article, including the following: (1) To locate, relocate, construct, reconstruct, repair, or maintain a state highway, including area for: (A) the placement of a utility facility within …

Sec. 2.5. (a) Except as provided in subsection (b), real property to be acquired by the department for a purpose described in section 2 of this chapter shall be appraised before the initiation of negotiations. (b) An appraisal is not required if: (1) the owner is donating the pro…

Sec. 20. The construction contract, bond, plans, and specifications required under section 19 of this chapter shall be attached to the exchange agreement for the parcels of property and incorporated by reference into the exchange agreement. As added by P.L.18-1990, SEC.216.

Sec. 21. An exchange agreement under section 19 of this chapter is not completed until the improvements specified in the agreement have been constructed in accordance with the plans and specifications approved by the department. The department may not pay or receive any differenc…

Sec. 22. The department may, after issuing an order and receiving the governor's approval, determine that a state highway should become a tollway. After the order becomes effective, the department shall maintain and operate the tollway and levy and collect tolls as provided in IC…

Sec. 23. (a) Subject to subsection (c), The department may, after issuing an order and receiving the governor's approval, determine that a state highway should become a toll road. An order under this section does not become effective unless the authority adopts a resolution to ac…

Sec. 24. A designated part of a state highway may become a tollway under the jurisdiction of the department under section 22 of this chapter and another designated part of the same state highway may become a toll road project under the jurisdiction of the authority under section …

Sec. 25. An order issued under section 22 or 23 of this chapter does not become effective until: (1) all conditions in the order are satisfied; and (2) all conditions in an agreement relating to a state highway that is the subject of an order under section 22 or 23 of this chapte…

Sec. 26. An authorized employee or representative of the department engaged in a survey or investigation authorized by the commissioner or the commissioner's designee, including a survey or investigation for purposes of IC 8-23-5-9, may enter upon, over, or under any land or prop…

Sec. 27. (a) Before an authorized employee or representative of the department enters upon, over, or under any land or water under section 26 of this chapter, the occupant of the land or water shall be notified in writing by first class United States mail of the entry not later t…

Sec. 28. If during an entry under section 26 of this chapter damage occurs to the land or water as a result of the entry or work performed during the entry, the department shall compensate the aggrieved party. If the aggrieved party is not satisfied with the compensation determin…

Sec. 29. Court proceedings to acquire real property, rights, or easements under this chapter take precedence over all cases not involving the public interest in all courts. As added by P.L.18-1990, SEC.216.

Sec. 3. The department may transfer fee simple title or a lesser interest in property to a railroad for a right-of-way. As added by P.L.18-1990, SEC.216.

Sec. 30. The authority given the department under this chapter to acquire lands by purchase or by the exercise of the right of eminent domain may not be construed to prohibit a municipality from: (1) acquiring at its own expense, either by grant, purchase, or condemnation, the ne…

description; taxation Sec. 31. (a) Whenever the department acquires real property, rights, or easements for the construction, repair, and maintenance of a state highway, a legal description of all rights-of-way and easements, including the area of the land acquired, shall be file…

Sec. 32. All abstracts of title, policies of title insurance, and other title papers shall be kept and preserved permanently by the department. As added by P.L.18-1990, SEC.216.

Sec. 4. If: (1) the department determines the location of a state highway; and (2) the location of the highway requires the department to acquire real property, easements in real property, or rights in real property; the department may prepare a metes and bounds or other descript…