Title 8, UTILITIES AND TRANSPORTATION

Sec. 3. Assigned Service Areas. (a) Unless otherwise agreed upon between adjacent electricity suppliers, all areas inside existing municipal limits are hereby assigned to the electricity supplier serving a plurality of the electric meters within the municipality on January 1, 197…

Sec. 4. Service Area Rights. (a) As long as an electricity supplier continues to provide adequate retail service, it shall have the sole right to furnish retail electric service to each present and future consumer within the boundaries of its assigned service area and no other el…

Sec. 5. Effect of Incorporation, Annexation, Consolidation or Merger. After January 1, 1979, the inclusion by incorporation, annexation, consolidation, or merger of any part of the assigned service area of an electricity supplier does not impair or affect the rights of an electri…

Sec. 6. (a) The boundaries of the assigned service areas of electricity suppliers may not be changed except under one (1) of the following circumstances: (1) Except as provided in subsection (b), if a municipality which owns and operates an electric utility system furnishing reta…

Sec. 1. Whenever, in the opinion of any board of county commissioners, the use of any public county highway or highways shall be or will become impracticable or unsafe because of obstructions or interruptions resulting from erosion, changes in natural or artificial drains, or any…

Sec. 2. If any person shall desire to temporarily obstruct a county highway which obstruction may result in damage to the highway or temporary blocking of traffic over the highway, such person shall first obtain permission, in writing, which writing shall be entered of record, fr…

Sec. 3. If any person shall desire to lay a pipe line, conduit or private drain, across or along any county highway of this state, such person shall first enter into a contract with the board of county commissioners in each county wherein it is desired to locate such pipe line, c…

Sec. 4. The word person as used in this chapter shall include a public utility, partnership, limited liability company, firm, association, or corporation. Formerly: Acts 1947, c.151, s.4. As amended by P.L.8-1993, SEC.129; P.L.136-2018, SEC.77.

Sec. 5. A person who installs a pipeline, conduit, or private drain, across or along any county highway, or blocks or damages any county highway without complying with this chapter, commits a Class B infraction. Formerly: Acts 1947, c.151, s.5. As amended by Acts 1978, P.L.2, SEC…

Sec. 1. The motor carrier regulation fund is established for the purpose of funding: (1) the administration and enforcement of this article; and (2) the administration and enforcement of IC 6-6-4.1 and IC 6-8.1-4-4. As added by P.L.99-1989, SEC.14. Amended by P.L.73-1990, SEC.1; …

Sec. 2. The treasurer of state shall deposit fees collected by the department under this article, IC 6-6-4.1-13, IC 9-17-2, IC 9-17-3, IC 9-18.1-5, IC 9-18.1-6-4, IC 9-18.1-11, IC 9-18.1-13, IC 9-20-5-7(b), IC 9-20-5-7(c), and IC 9-20-18-14.5 in the motor carrier regulation fund …

Sec. 3. The treasurer of state shall invest the money in the motor carrier regulation fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. As added by P.L.99-1989, SEC.14.

Sec. 4. Money in the motor carrier regulation fund does not revert to the state general fund. As added by P.L.99-1989, SEC.14. Amended by P.L.146-2020, SEC.50.

Sec. 1. Whenever a right-of-way or easement for a state, county, or municipal highway is acquired, an accurate description of all rights-of-way and easements shall be filed in the office of the recorder of the county in which the real property is located. The description shall be…

Sec. 2. (a) This section applies only to curbs that are constructed or reconstructed after June 30, 1978. (b) All new construction or reconstruction of public roads or streets funded wholly or in part by funds of the state, a county, a city, or a town must include the installatio…

Sec. 3. An inspector who knowingly permits: (1) construction of a highway contrary to the specifications; (2) the use of inferior materials not provided for in the specifications; or (3) the use of a lesser amount of materials than provided for in the specifications; commits a Le…

Sec. 4. (a) The point of highest elevation in Indiana is designated as "Hoosier High Point." (b) The department shall erect and maintain signs to inform persons using the state highway system of the: (1) location of; and (2) way to; the point of highest elevation in Indiana. The …

Sec. 6. The commissioner shall ensure that the department makes information available to county boards of commissioners and county highway departments about funding from federal and private sources that might be available to the counties for projects involving the reconstruction …

Sec. 1. It is the policy of this state to encourage the development of alternate energy production facilities, cogeneration facilities, and small hydro facilities in order to conserve our finite and expensive energy resources and to provide for their most efficient utilization. A…

Sec. 2. (a) The definitions in this section apply throughout this chapter. (b) "Alternate energy production facility" means: (1) any solar, wind turbine, waste management, resource recovery, refuse-derived fuel, organic waste biomass, or wood burning facility; (2) any land, syste…

Sec. 3. The commission shall encourage the participation of utilities in alternate energy production facilities, cogeneration facilities, small hydro facilities, and private generation projects. As added by Acts 1982, P.L.72, SEC.1. Amended by P.L.222-2014, SEC.3.

Sec. 4. (a) Subject to section 5 of this chapter, the commission shall require electric utilities and steam utilities to enter into long term contracts to: (1) purchase or wheel electricity or useful thermal energy from alternate energy production facilities, cogeneration facilit…

Sec. 5. (a) The commission may not require an electric utility or steam utility to purchase or wheel electricity or useful thermal energy from an alternate energy production facility or cogeneration facility unless the facility: (1) has an electric generating capacity of not more…

Sec. 6. (a) The owner of a private generation project may sell excess electric output generated by the private generation project to an electric utility as provided in subsection (b) to the extent the sale is consistent with applicable federal and state laws, rules, and regulatio…

Sec. 1. Notwithstanding any other statute or rule of law of the state, any corporation or other business entity engaged in the transmission of gas by pipeline, which is subject to the supervision, control, or jurisdiction of the federal government or any agency, board or commissi…

Sec. 2. Any corporation or other business entity engaged in the transmission of gas by pipeline, and which is subject to the supervision, control, or jurisdiction of the federal government, or any agency, board, or commission thereof with respect to construction of additional fac…

Sec. 1. (a) In case a majority in interest of the creditors of a railroad company and the majority in interest of the stockholders of such company agree upon a plan for the readjustment or capitalization of the debt and stock thereof, thereupon an agreement as aforesaid, either b…

Sec. 2. Such corporation shall possess all the powers, rights, privileges, immunities, faculties, and franchises in respect to the said railroad, or the part thereof purchased as aforesaid, which were possessed or enjoyed by the corporation that owned or held the said railroad pr…

Sec. 3. In case the part situate within this state of any railroad, a part of which is situate in another state, shall become vested in a corporation of such other state, and such corporation shall also acquire a part situate in such other state of the said railroad, the said cor…

Sec. 4. Next in the order of lien to the existing mortgage debt of the old road shall stand the amounts due persons for labor performed, wood and other such materials furnished the old company in running the road, and damages for killing stock and right of way: Provided, That all…

Sec. 5. So much of any railroad as lies in this state and is embraced in the mortgage or mortgages sought to be foreclosed may be sold at such sale as an entirety; and the court making a decree or order of sale may declare, in the order, where the principal office of the railroad…

Sec. 6. In case of the sale of a railroad, or any part thereof, as in section 1 of this chapter mentioned, full power is hereby given to the corporate authorities of the several counties, cities, townships, and other municipal corporations holding stock in the company by which su…

Sec. 7. No purchaser or purchasers of any railroad shall be entitled to any rights or benefits under this chapter until such purchaser or purchasers shall first assume and pay, in money or first class or satisfactory securities, to be issued by the new corporation formed upon the…

Sec. 8. This chapter may be amended or repealed at the discretion of the legislature. Formerly: Acts 1861, c.78, s.8. As amended by P.L.62-1984, SEC.79.

Sec. 0.1. Notwithstanding the amendments made to section 18 of this chapter by P.L.219-2003, the requirement that 49 CFR 383 and 384 be incorporated into Indiana law by reference, as provided by section 18 of this chapter, as amended by P.L.219-2003, does not apply before July 1,…

Sec. 1. (a) This chapter applies to the certification of a motor carrier providing intrastate transportation by motor vehicle of property or passengers for compensation. (b) Section 18 of this chapter applies to the regulation of the following persons: (1) A motor carrier describ…

Sec. 10. (a) After a decision, an order, or a requirement has been made by the department in a proceeding under this chapter, a party may apply to the department for reconsideration or rehearing of a matter determined in the proceeding. The department may grant the reconsideratio…

Sec. 11. The department may, subject to the approval of the governor, enter into an agreement or understanding with the United States Department of Transportation or any other appropriate agency of the federal government, another Indiana department or agency, or an agency of anot…

Sec. 12. The department may by rules adopted under IC 4-22-2 adopt orders, standards, or regulations of the Federal Motor Carrier Safety Administration, any other appropriate agency of the federal government, or another state as the orders, standards, or regulations affect motor …

Sec. 13. The department may cooperate with other state agencies in adopting combined uniform procedures and forms. As added by P.L.110-1995, SEC.29.

Sec. 14. The department may perform all reasonably necessary actions to carry out this chapter, including the power, subject to: (1) the approval of the state personnel department and the budget agency; and (2) IC 4-21.5; to employ and fix the compensation of administrative law j…

Sec. 15. A motor carrier may not operate a motor vehicle in the transportation of property, upon a public highway in intrastate commerce until the motor carrier has: (1) submitted forms approved by the department to be a properly certified motor carrier; and (2) been issued an ac…

Sec. 16. The annual renewal by motor carriers under this chapter is performed in the following manner: (1) An application for renewal must be submitted on a form prescribed by the department. (2) An application for renewal may be received by the department at any time after Septe…

Sec. 17. (a) A person may not operate a motor vehicle for the transportation of property upon a public highway, and a motor carrier may not be certified, unless the motor carrier complies with the rules adopted by the department governing the filing and approval of surety bonds, …

Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through 387, 390 through 393, and 395 through 398 are incorporated into Indiana law by reference, and, except as provided in subsections (d), (e), (f), (g), and (j), must be complied with by an interstate and intrastate motor carrier of…

Sec. 19. (a) A nonresident motor carrier must file and keep on file with the department a designation in writing of the name and post office address of a citizen and resident of Indiana upon whom service of notices or orders may be made, and upon whom process issued by or under t…