Title 8, UTILITIES AND TRANSPORTATION

Sec. 14. The department may sell, transfer, and convey any real property, any interest in real property, or any part of real property (whether acquired by purchase, condemnation, or otherwise, and whether the land or interest had been public or private) when it is no longer neede…

Sec. 15. The department may transfer to the tollway or lease, license, or otherwise transfer to the authority or the operator of a tollway any real property or interest in real property acquired by it under section 13 or 31 of this chapter, IC 8-23-7, or otherwise that is necessa…

Sec. 16. (a) Except as provided in subsection (b), the department may designate the locations and establish, limit, and control points of ingress and egress from each tollway as necessary or desirable to: (1) ensure the proper operation and maintenance of the tollway; (2) finance…

Sec. 17. The department may make and enter into all leases, licenses, conveyances, contracts, and agreements necessary or incidental to the performance of the department's duties and the execution of the department's powers under this chapter and IC 8-15.7. As added by P.L.386-19…

Sec. 18. The department may employ consulting engineers, superintendents, managers, other engineers, construction experts, financial advisers, accounting experts, attorneys, and other consultants, contractors, employees, and agents necessary to carry out this chapter or IC 8-15.7…

Sec. 19. The department may receive and accept in any combination from any federal, state, or local agency, subject to IC 8-23-3, loan proceeds, proceeds from lines of credit, proceeds from credit guarantees, and grants for or in aid of the planning, design, construction, financi…

Sec. 2. As used in this chapter, "department" refers to the Indiana department of transportation. As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.136.

Sec. 2.5. "Operator" refers to one (1) or more private individuals or entities that enter into a public-private agreement to do one (1) or more of the following with respect to one (1) or more tollways: (1) Planning. (2) Design. (3) Development. (4) Construction. (5) Reconstructi…

Sec. 20. The department may establish fees, charges, terms, or conditions for any expenditures, loans, or other form of financial participation in connection with public improvements on arterial streets and roads that are financed with tollway funds. As added by P.L.386-1987(ss),…

Sec. 21. The department may accept gifts, devises, bequests, grants, loans, appropriations, revenue sharing, and any other financing and assistance from any source and agree to and comply with conditions attached to it. Subject to the conditions agreed to by the department, the d…

Sec. 22. (a) The department has any power with respect to tollways that it has in connection with state highways. (b) The department may do all acts and things necessary or proper to carry out this chapter. As added by P.L.386-1987(ss), SEC.13.

Sec. 23. (a) The exercise of the powers granted by this chapter to the department or the authority must be in all respects for: (1) the benefit of the people of Indiana; (2) the increase of the commerce and prosperity of Indiana; and (3) the improvement of the health and living c…

Sec. 24. (a) Except as provided in subsection (b), the department may: (1) fix, revise, charge, and collect tolls, fees, or charges for: (A) the use of a tollway or any part of a tollway, including the right-of-way adjoining the paved part of the tollway; (B) placing on a tollway…

Sec. 25. All contracts executed by the department shall be preserved in the principal office of the department. As added by P.L.386-1987(ss), SEC.13.

Sec. 26. (a) The department may adopt rules under IC 4-22-2 for the following: (1) The control and regulation of traffic on a tollway. (2) The protection and preservation of property under the department's or operator's jurisdiction and control. (3) The maintenance and preservati…

Sec. 27. Notwithstanding IC 9, the department may adopt rules under IC 4-22-2 for the following: (1) Establishing weight and size limitations for vehicles using a tollway, subject to the following: (A) The operator of any vehicle exceeding any of the maximum allowable dimensions …

Sec. 27.5. (a) The rules adopted under section 26 or 27 of this chapter may include restrictions on the use of one (1) or more lanes on any part of a tollway as necessary, appropriate, or desirable for financing the tollway or to reduce congestion, increase mobility, promote fuel…

Sec. 27.7. (a) The rules adopted under section 26 or 27 of this chapter may establish an electronic tolling program. The rules must provide at least the following: (1) A participant must enter into a written agreement containing the terms and conditions approved by the department…

Sec. 28. (a) A person who violates a rule adopted under section 27 of this chapter commits a Class C infraction. (b) A violation of a weight limitation established by rule under section 27 of this chapter is: (1) a Class B infraction if the total of all excess weight under those …

Sec. 29. Each tollway shall be maintained and kept in good condition and repair by the department. As added by P.L.386-1987(ss), SEC.13.

Sec. 3. As used in this chapter, "owner" includes any individual, partnership, association, limited liability company, or corporation having title or interest in any property right, easement, or interest acquired by this chapter. As added by P.L.386-1987(ss), SEC.13. Amended by P…

Sec. 3.5. "Public-private agreement" has the meaning set forth in IC 8-15.7-2-15. As added by P.L.47-2006, SEC.21.

Sec. 30. All public and private property damaged or destroyed in carrying out this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made for it. As added by P.L.386-1987(ss), SEC.13.

Sec. 31. Notwithstanding any other law, each county, city, town, township, and other political subdivision and public agency of the state may lease, lend, grant, or convey to the state at the request of the department, upon reasonable and fair terms and conditions, and without th…

Sec. 32. Subject to any public-private agreement that applies to a tollway, including terms applicable to the financing of the tollway, the department may, after issuing an order and after receiving the governor's approval, at any time determine that a tollway under its jurisdict…

Sec. 33. (a) The department may expend any funds available for the study of a tollway and may use the department's engineering and other resources, including consulting engineers and traffic engineers, to conduct this study. (b) The department shall make studies of the feasibilit…

Sec. 34. The department may arrange for the use and employment of police officers to police a tollway. The police officers employed under this section are vested with all necessary police powers to enforce state laws. A police officer employed under this section has the same powe…

Sec. 35. (a) If a public-private agreement is entered into under IC 8-15.7 with respect to a project, the department may authorize: (1) the authority to exercise all or a part of the powers of the department under this chapter necessary or desirable to accomplish the purposes of …

Sec. 36. (a) If the department, with the approval of the governor, decides to establish toll lanes, the department shall submit a request to the Federal Highway Administration for a waiver to toll lanes on interstate highways. If a waiver is granted under this section, toll lanes…

Sec. 4. As used in this chapter, "public road" includes any public highway, road, and street in the state (including any toll road or tollway), whether maintained by the state, a county, a city, a town, or any other political subdivision or body corporate and politic separate fro…

Sec. 5. As used in this chapter, "revenue" means any toll, rental, gift, grant, appropriation, money, or other funds or property coming into the possession or under the control of the department under this chapter. As added by P.L.386-1987(ss), SEC.13.

Sec. 6. As used in this chapter, "state highway" means a public road for which the department is responsible under IC 8-23-2-4.1(4). As added by P.L.386-1987(ss), SEC.13. Amended by P.L.1-2002, SEC.37.

Sec. 7. As used in this chapter, "tollway" includes: (1) an express highway, limited access facility, superhighway, bridge, tunnel, or motor way, including express lanes and managed lanes, constructed under this chapter or IC 8-15.7 or, subject to section 10 of this chapter, conv…

Sec. 8. As used in this chapter, "transient lodging facility" means accommodations for overnight or temporary habitation. The term includes a hotel, motel, motor court, lodge, or inn. As added by P.L.386-1987(ss), SEC.13.

Sec. 9. (a) Subject to subsection (e), the governor must approve the location of any tollway. (b) The department may, in any combination, plan, design, develop, construct, reconstruct, maintain, repair, police, finance, and operate tollways, public improvements, and arterial stre…

Sec. 1. Notwithstanding IC 8-18-8-5, all municipal corporations and county executives may provide a cumulative bridge fund to provide funds for the cost of construction, maintenance, and repair of bridges, approaches, small structures, culverts, and grade separations under their …

Sec. 1.5. As used in this chapter: (1) "Bridge" means any structure designed to carry vehicular traffic over or under an obstacle to the normal flow of traffic and including any grade separation, culvert, or approach to a bridge. (2) "Approach" means any part of a road or street …

Sec. 3. (a) To provide for the cumulative bridge fund, county executives and municipal legislative bodies may levy a tax in compliance with IC 6-1.1-41 not to exceed ten cents ($0.10) on each one hundred dollars ($100) assessed valuation of all taxable personal and real property …

Sec. 1. The county executive shall appoint a person as a supervisor of county highways. The county highway supervisor has general charge of the repair and maintenance of the county highways. The supervisor shall receive compensation for the services fixed by the county executive.…

Sec. 10. (a) A county highway supervisor shall attend all the sessions of the annual road school during every year of the supervisor's term. The expenses of the county highway supervisor, including the actual expenses of transportation to and from the school, together with the ex…

Sec. 2. The supervisor has general supervision of the maintenance and repair of all highways, bridges, and culverts of the county that are maintained or repaired from the highway fund of the county. Formerly: Acts 1933, c.27, s.2. As amended by P.L.86-1988, SEC.107.

Sec. 1. Ten (10) or more resident freeholders may petition the county executive for assistance in grading any public highway connecting at either end with a county or state highway, connecting with any highway improved under this chapter, or connecting with the boundaries of any …

Sec. 2. After establishment of grades and receipt of the plans and specifications from the engineer, the petitioners, at their own expense, and under the direction of the engineer, shall improve the road according to plans and specifications. Formerly: Acts 1921, c.178, s.2. As a…

Sec. 4. When the grading and draining is completed in accordance with the plans and specifications, the engineer shall report in writing to the county executive, who shall accept the improved highway. After acceptance, the highway shall be maintained by the county. Formerly: Acts…

Sec. 1. A county executive may acquire the lands and rights necessary to widen, straighten, or change the route of any county highway. If the executive is unable to agree with the owner of the land or right on damages or the purchase price, the executive may exercise eminent doma…

Sec. 1. The following words and phrases when used in this chapter shall, for the purpose of this chapter, unless a different meaning appears from the context, have the following meanings: (1) The singular shall include the plural; the masculine shall include the feminine and neut…