Title 8, UTILITIES AND TRANSPORTATION

Sec. 3. The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 4 of this chapter. Formerly: Acts 1927, c.43, s.3. As amended by P.L.66-1984, SEC…

Sec. 4. Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently …

Sec. 5. The liability of the owner of one aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages caused by collision on land, or in the air, shall be determined by the rules of law applicable to torts on land. Formerly: Acts 1927,…

Sec. 6. (a) All offenses, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over Indiana shall be governed by Indiana laws; and the question whether damage occasioned by or to an aircraft while in flight over Indiana constitutes an offense, …

Sec. 7. All contractual and other legal regulations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath. Formerly: Acts 1927, c.43, s.8.

Sec. 8. It is a Class B misdemeanor for a person to operate an aircraft while he is under the influence of intoxicating liquor or a controlled substance. It is a Class B misdemeanor for a person to operate an aircraft if he has been diagnosed by a physician as having an active ca…

Sec. 9. A person who, while in flight in an aircraft, intentionally kills a bird or animal commits a Class B misdemeanor. Formerly: Acts 1927, c.43, s.10. As amended by Acts 1978, P.L.2, SEC.863.

Sec. 1. (a) Governmental units in each of two (2) party states may combine in the creation of an airport authority for the purpose of jointly supporting and operating an airport terminal and all attached properties. The governmental units are not limited as to number, character, …

Sec. 2. (a) The airport authority may sue and be sued, and shall adopt an official seal. (b) The airport authority may appoint and remove or discharge personnel as may be necessary for the performance of the airport's functions irrespective of the civil service, personnel, or oth…

Sec. 3. (a) A party state is not obligated to appropriate funds of the state for the development, support, and maintenance of the airport authority. All revenue received from the air facility and the property, both real and personal, within the jurisdiction and control of the air…

Sec. 4. The airport authority may: (1) operate and conduct an airport; (2) operate farming operations on real estate appurtenant to the airport; (3) exercise the power of eminent domain in accordance with the statutes of the state in which the airport is located; (4) maintain, op…

Sec. 5. The authority to combine into an airport authority becomes effective at the time when reciprocal authorizing legislation is enacted by a party state authorizing governmental units in that state to combine with governmental units in Indiana in an airport authority. [Pre-Lo…

Sec. 6. This chapter does not affect IC 8-22-5. [Pre-Local Government Recodification Citation: 19-6-5-6.] As added by Acts 1980, P.L.8, SEC.73.

Sec. 7. Before commencement of proceedings for the acquisition and establishment of airports, landing fields, or other air navigation facilities, approval of the acquisition or establishment of the airports, landing fields or other air navigation facilities must be secured and gr…

Sec. 1. The highway and street system of Indiana consists of the following: (1) The state highway system. (2) A county arterial highway system in each county. (3) A county local highway system in each county. (4) A municipal arterial street system in each municipality. (5) A muni…

Sec. 10. Whenever the department determines that, because of the construction of a new state highway, the relocation of a state highway, or a change in general function or use, a part of the state highway system no longer meets the criteria established in section 2 of this chapte…

Sec. 11. Whenever a county or municipality determines that, because of a change in general function or use, an arterial or local highway or street serves a state function, the highway or street may be transferred to the state system. As added by P.L.18-1990, SEC.213.

Sec. 12. The transfer of roads or streets between systems requires a memorandum of agreement signed by both the transferring agency or unit of government and by the agency or unit of government assuming jurisdiction over the road. The memorandum must state the following: (1) The …

Sec. 2. (a) The state highway system shall be designated by the department. The total extent of the state highway system may not exceed twelve thousand (12,000) miles. The state highway system consists of the principal arterial highways in Indiana and includes the following: (1) …

Sec. 3. (a) The county arterial highway system shall be selected by the county executive in each county. The system shall be selected on the basis of the greatest general importance to the county, after an evaluation of each road in the county, including municipal connecting link…

Sec. 4. (a) The agency responsible for highways in each municipality with a population of at least five thousand (5,000) shall select a system of arterial streets for the municipality. The system shall be selected on the basis of the greatest general importance to the municipalit…

Sec. 5. A highway or street system established under this chapter may not be changed for two (2) years following establishment of the system. A system established under this chapter shall be reviewed at five (5) year intervals, or more frequently if considered desirable, and adju…

Sec. 6. The commissioner shall at all times maintain maps of Indiana, which must show all the highways that constitute the state highway system, the arterial and local highway systems of each county, and the arterial and local street systems of each municipality. As added by P.L.…

Sec. 7. The state aid director shall cooperate with the executives and municipalities to ensure coordination and continuity between all systems. As added by P.L.18-1990, SEC.213.

Sec. 8. The department may change the location of a state highway for the following reasons: (1) To reduce the length of the highway. (2) To eliminate steep grades or sharp turns. (3) To widen narrow parts. (4) To promote public convenience and safety. As added by P.L.18-1990, SE…

Sec. 9. (a) Whenever the department determines that a part of a right-of-way of a highway will not be needed for highway, street, or road purposes, or to reach the premises of a person other than the owner of the original right-of-way, the commissioner may, by executive order, de…

Sec. 1. An eligible county may carry out a public transportation project in accordance with the powers granted to the county by IC 36-9-2 and this article. As added by P.L.153-2014, SEC.17.

Sec. 10. If a public transportation project is authorized by a local public question held in a township under IC 8-25-6, the fiscal body of the eligible county in which the township is located shall carry out the public transportation project. An eligible county may exercise any …

Sec. 2. The fiscal body of an eligible county may adopt an ordinance authorizing a public transportation corporation to carry out a public transportation project in accordance with the powers granted to the public transportation corporation under IC 36-9-4 and subject to the appr…

Sec. 3. The fiscal body of an eligible county may adopt an ordinance authorizing the executive of the county to enter into an interlocal agreement with the executive of another eligible county to carry out jointly a public transportation project approved by the voters of both cou…

Sec. 4. The fiscal body of an eligible county may adopt an ordinance authorizing the executive of the county to enter into one (1) or more public-private partnership contracts under which a public transportation project is carried out, in whole or in part, by one (1) or more nong…

Sec. 5. If an ordinance authorizing public-private partnership contracts is adopted under section 4 of this chapter, the executive of the eligible county shall issue a request for proposals with respect to each proposed public-private partnership contract and award each contract …

Sec. 6. An eligible county may carry out only one (1) public transportation project under this article. The fiscal body of an eligible county may not adopt a subsequent ordinance under IC 8-25-2-1 after a public transportation project is approved by the voters of the county under…

Sec. 7. (a) As used in this section, "minority business enterprise" has the meaning set forth in IC 4-13-16.5-1. (b) As used in this section, "veteran business enterprise" means a business enterprise that has a current verification as a veteran owned small business concern under …

Sec. 8. If a transportation project is approved in an eligible county, transportation services must be provided through the transportation project throughout the eligible county and must be made available under this article to all citizens of the county. As added by P.L.153-2014,…

Sec. 9. An eligible county may not: (1) purchase, lease, or otherwise acquire; (2) construct; (3) operate; (4) cause any person to purchase, lease, acquire, construct, or operate; or (5) expend revenues deposited in the county public transportation project fund established under …

Sec. 1. The Indiana department of transportation shall determine whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6; P.L.59-2005, SEC.2.

Sec. 1.5. The board shall advise and assist the Indiana department of transportation in matters concerning the acquisition of a railroad's interest in a corridor under this chapter. As added by P.L.59-2005, SEC.3.

Sec. 2. The state may acquire any part of a railroad's interest in a corridor under this chapter for any of the following purposes: (1) A present or future rail line. (2) A transportation corridor. (3) A communication corridor. (4) A trail. (5) A utility corridor. (6) The preserv…

Sec. 3. (a) The Indiana department of transportation shall hold at least one (1) public meeting in a county through which the corridor passes before determining whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. Notice of the me…

Sec. 4. In determining whether the state should acquire any part of a railroad's interest in a corridor, the Indiana department of transportation shall consider the following factors: (1) The potential for future use of the railroad's interest in the corridor as a freight or high…

Sec. 6. (a) If: (1) a determination is made under this chapter to acquire the railroad's interest in the corridor; and (2) money is available in the fund; the state shall acquire the railroad's interest in the corridor under IC 4-20.5-3. (b) An acquisition by the state under this…

Sec. 7. If the state acquires any interest in the corridor under this article, all revenues from a railroad's interest in a corridor acquired under this chapter, including payments derived from public utility or other easements, must be deposited in the fund. As added by P.L.40-1…

Sec. 8. If a railroad's interest in a corridor is acquired under this chapter for a recreational purpose, the railroad's interest in the corridor may be developed and operated under IC 8-4.5-5. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.13; P.L.164-2020, SEC.28.

Sec. 1. The authority is responsible for the construction, leasing, and ownership of projects. With respect to each project, the authority and the department may enter into a contract for the purposes set forth in this chapter. If the authority and the department decide to enter …

Sec. 2. A contract under this chapter must: (1) provide for the construction and ownership of the project; and (2) describe the project or projects, setting forth in general terms principal features such as geographic location, widths of rights-of-way, number of lanes in each dir…