Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

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".…

employees during an election on a local public question 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…

Sec. 1. Except as provided in sections 2 and 5 of this chapter, the authority may, by resolution, issue and sell bonds or notes of the authority for the purpose of providing funds to carry out the provisions of this article with respect to the construction of a project or project…

which payable Sec. 10. The bonds or notes: (1) constitute the corporate obligations of the authority; (2) do not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation; and (3) are payable solely as to both principa…

Sec. 11. The provisions of this article and the covenants and undertakings of the authority as expressed in any proceedings preliminary to or in connection with the issuance of the bonds or notes may be enforced, subject to the provisions of any resolution or trust agreement, by …

Sec. 12. All bonds or notes issued under this article are issued by a body corporate and politic of this state, but not a state agency, and for an essential public and governmental purpose. The bonds and notes, the interest on the bonds and notes, the proceeds received by an owne…

Sec. 13. Notwithstanding any other law, all financial institutions, investment companies, insurance companies, insurance associations, executors, administrators, guardians, trustees, and other fiduciaries may legally invest sinking funds, money, or other funds belonging to them o…

Sec. 14. Bonds or notes issued under this chapter are exempt from the registration requirements of IC 23-19 and any other state securities registration statutes. As added by P.L.68-1988, SEC.12. Amended by P.L.27-2007, SEC.7.

Sec. 15. A pledge of lease rentals, proceeds of bonds or notes, investment earnings on those proceeds, or other money pledged by the authority is binding from the time the pledge is made. Lease rentals, proceeds of bonds or notes, investment earnings on those proceeds, or other m…

Sec. 16. The authority may obtain from a department or agency of the state or of the United States, or from a nongovernmental insurer, available insurance or guaranty for the payment or repayment of interest or principal, or both, or any part of interest or principal, or any debt…

Sec. 17. The authority may enter into agreements with an entity to provide credit enhancement or liquidity support for any bonds or notes issued by the authority, or for any debt service reserves securing any bonds or notes, with terms that are reasonable and proper, in the discr…

Sec. 18. The authority may enter into agreements or contracts with any financial institution as may be necessary, desirable, or convenient in the opinion of the authority for rendering services in connection with: (1) the care, custody, or safekeeping of securities or other inves…

Sec. 19. (a) In the discretion of the authority, any bonds and notes issued under this chapter may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana. Such a …

Sec. 2. (a) Before the issuance of bonds or notes, the authority must receive the approval of: (1) the commissioner of the Indiana department of transportation; and (2) the budget agency. (b) Before the issuance of bonds or notes, the department shall identify: (1) the project or…

Sec. 20. The authority may purchase bonds or notes of the authority out of its funds or money available for the purchase of its own bonds or notes. The authority may hold, cancel, or resell the bonds or notes subject to, and in accordance with, agreements with owners of its bonds…

Sec. 21. Funds or money held by the authority under any trust agreement or resolution may be invested pending disbursement as provided in the trust agreement or the resolution. Such an investment is not restricted by or subject to the provisions of any other law. As added by P.L.…

subsequent leases Sec. 4. (a) Before issuing a series of bonds or notes, the authority shall publish a notice of its determination to issue the bonds or notes. The notice shall be published one (1) time in two (2) newspapers published and of general circulation in the city of Ind…

Sec. 5. (a) The bonds or notes must indicate on their face: (1) the maturity date or dates, as determined under subsection (b); (2) the interest rate or rates (whether fixed, variable, or a combination of fixed or variable) or the manner in which the interest rate or rates will b…

Sec. 7. The bonds or notes, when issued, have all the qualities of negotiable instruments, subject to provisions for registration, under IC 26 and are incontestable in the hands of a bona fide purchaser or owner of the bonds or notes for value. As added by P.L.68-1988, SEC.12.

Sec. 8. The bonds or notes may be sold by the authority at a public or a negotiated sale at a time or times determined by the authority and at a premium or discount as determined by the authority. In determining the amount of bonds or notes to be issued and sold, the authority ma…

Sec. 9. The proceeds of the bonds or notes are appropriated for the purpose for which the bonds or notes may be issued and the proceeds shall be deposited and disbursed in accordance with any provisions and restrictions that the authority may provide in the resolution or trust ag…

Sec. 1. The plans and specifications for each project constructed under this article must comply with: (1) the authority's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and (2) any other applicable state or federal…

Sec. 2. Unless otherwise provided by federal law or this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchas…

businesses Sec. 3. The operator or any contractor or subcontractor of the operator engaged in the construction of a project is subject to: (1) the provisions of 25 IAC 5 concerning equal opportunities for minority business enterprises and women's business enterprises to participa…

highway system Sec. 4. Each freeway project or toll road project constructed or operated in the state of Indiana under this article may be determined by the department to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance …

Sec. 5. An operator may enter into agreements for maintenance or other services under this article with the authority, the department, or other state agencies. The authority may: (1) with the assistance of all applicable state agencies, establish a unified permitting and licensin…

Sec. 1. The plans and specifications, if any, for each project developed under this article must comply with: (1) the department's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and (2) any other applicable state or…

Sec. 2. Unless otherwise provided by federal law or this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchas…

Sec. 3. Each project constructed or operated under this article is considered to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance standards, and enforcement of traffic laws. As added by P.L.47-2006, SEC.40.

Sec. 4. An operator may enter into agreements for maintenance or other services under this article with the department and other local or state agencies. The department may: (1) with the assistance of all applicable local and state agencies, establish a unified permitting and lic…

Sec. 5. The department shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses, and approvals necessary for projects under this article. As added by P.L.47-2006, SEC.40.

Sec. 1. Any public utility operating under a license, permit, or franchise existing on May 31, 1921, from any county, city, or town within the state of Indiana shall, upon filing, at any time prior to July 1, 1923, with the auditor or clerk of any such county, city, or town which…

Sec. 1. All railroad corporations doing business in this state shall, between July 1 and August 20 in each year, destroy detrimental plants (as defined in IC 15-16-8-1), noxious weeds, and rank vegetation growing on lands occupied by them. Formerly: Acts 1889, c.82, s.1. As amend…

Sec. 2. In case any railroad company shall refuse or neglect to comply with the requirements specified in section 1 of this chapter, such company shall be liable in a penalty of twenty-five dollars ($25), to be prosecuted for in an action of debt by any person feeling himself agg…

Sec. 1. Where two (2) or more railroad companies own or operate railroads extending into, through or near the same city or town, such companies, or any two (2) or more of them, may form a union railway corporation, according to this chapter. Formerly: Acts 1885, c.20, s.1. As ame…

Sec. 10. (a) If any union railway company in carrying out the powers granted by this chapter considers it necessary that any part of a street, avenue, or alley in a town or city in which the union railway is situated should be vacated, it is lawful for the executive and legislati…

Sec. 11. Any such union railway company may, by agreement in writing with any railroad company not being one of said proprietary companies, and owning or operating a railroad which extends to, into, through or near the town or city in or near which such union railroad is or may b…

Sec. 12. The board of directors of any such union railway company shall annually elect a president, a vice-president, a secretary and a treasurer, who shall serve for one (1) year, and until their successors are elected. Any general officer of either of the proprietary companies …