Ind. Code § 8-1-1-8.1 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-8.1
Duty of commission to provide live transmission of certain proceedings; policy governing live transmission of commission proceedings
Status: in_force

Sec. 8.1. (a) As used in this section, "commission proceeding" means a hearing for which notice is provided under section 8 of this chapter.

(b) The commission shall provide on a publicly accessible platform of the commission's choice a live transmission of any commission proceeding that will include:

(1) an examination of witnesses;

(2) a nonprocedural discussion between one (1) or more parties to the commission proceeding;

(3) questions from one (1) or more of the commissioners regarding the substance of the case; or

(4) a contested procedural matter.

(c) The commission shall issue a general administrative order to implement a policy that governs the live transmission of commission proceedings and that includes the following:

(1) For a commission proceeding that the commission determines is not subject to live transmission under subsection (b), a process by which members of the public may request the live transmission of the commission proceeding.

(2) For any commission proceeding for which the commission will provide a live transmission, whether under subsection (b) or upon a request made under subdivision (1), the following:

(A) A process by which members of the public may access the live transmission of the commission proceeding.

(B) A process for:

(i) archiving the live transmission of the commission proceeding; and

(ii) members of the public to access or request the archived live transmission of the commission proceeding.

As added by P.L.68-2024, SEC.2.
Ind. Code § 8-8-1-4 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-4
Draw bars; standard height
Status: in_force

Sec. 4. It shall be unlawful for any such common carrier to use any locomotive, tender, car or similar vehicle used in the movement of state traffic, that is not provided with draw bars of standard height; to wit, standard gauge cars thirty-four and one-half (34 1/2) inches; narrow gauge cars twenty-six (26) inches; measured perpendicularly from the level of the tops of the rails to the centers of the draw bars; the maximum variation from such standard heights between draw bars of empty and loaded cars shall be three (3) inches.

Formerly: Acts 1907, c.118, s.4.
Ind. Code § 8-23-9-11 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-11
Actions on performance bonds
Status: in_force

Sec. 11. Suit may not be brought against the sureties on a bond until the expiration of sixty (60) days after the furnishing of a statement under section 10 of this chapter. If the indebtedness is not paid in full at the expiration of a period of sixty (60) days, the person, firm, limited liability company, or corporation may bring an action in the person's, firm's, limited liability company's, or corporation's own name upon the bond. The action must be commenced within eighteen (18) months from the date of the final acceptance of the highway or improvement.

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.155.
Ind. Code § 8-15.7-13-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 13 / Section 8-15.7-13-2
Termination date
Status: in_force

Sec. 2. The department shall terminate the operator's authority and duties under the public-private agreement on the date set forth in the public-private agreement.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-3-21-11 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-11
Expiration of chapter
Status: in_force

Sec. 11. This chapter expires July 1, 2026.

As added by P.L.161-2025, SEC.13.
Ind. Code § 8-21-1-12 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-12
Obstructing airport inspection
Status: in_force

Sec. 12. A person who recklessly prevents or obstructs the department from inspecting an airport as authorized by this chapter commits a Class B misdemeanor.

Formerly: Acts 1945, c.360, s.12; Acts 1975, P.L.93, SEC.12. As amended by Acts 1978, P.L.2, SEC.858; Acts 1980, P.L.74, SEC.315.
Ind. Code § 8-23-1.1-21 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-21
"Extraordinary cost"
Status: in_force

Sec. 21. "Extraordinary cost" means the cost to a utility to relocate existing facilities that is either:

(1) more than ten percent (10%) of the total operating revenue received by the utility during the utility's most recent full fiscal year; or

(2) more than fifty percent (50%) of the total estimated cost of a proposed highway or bridge construction or improvement project.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-10-5-16 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-16
Budget; rates and charges
Status: in_force

Sec. 16. The board of directors of a port authority shall annually prepare a budget for the port authority.

Rents and charges received by the port authority shall be used for the general expenses of the port authority and to pay interest, amortization, and retirement charges on money borrowed. If there remains, at the end of any calendar year, any surplus of such funds after providing for the above uses, the board of directors may pay such surplus into the general funds of the political subdivisions creating and comprising the port authority in proportions to the taxable value of all property within the port authority which shall be listed on the general tax lists for the respective subdivisions.

Formerly: Acts 1959, c.343, s.15.
Ind. Code § 8-23-24-1 — Indiana Code / Title 8 / Article 23 / Chapter 24 / Section 8-23-24-1
Responsibility for planting trees
Status: in_force

Sec. 1. When consistent with public safety and subject to IC 8-23-24.5, the department shall plant trees along the rights-of-way of highways, streets, and roads for which responsibility is assigned to the department.

As added by P.L.90-1991, SEC.1. Amended by P.L.182-2009(ss), SEC.280.
Ind. Code § 8-14-1-4 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-4
County allocations; permissible uses of funds; requirement; county containing consolidated city
Status: in_force

Sec. 4. (a) The funds allocated to the respective counties of the state from the motor vehicle highway account shall annually be budgeted as provided by law, and, when distributed shall be used for construction, reconstruction, preservation, and maintenance of the highways of the respective counties, including highways which traverse the streets of incorporated towns, the cost of the repair and maintenance of which prior to the tenth day of September, 1932, was paid from the county gravel road repair fund excepting where the department is charged by law with the maintenance or construction of any such highway so traversing such streets. Subject to subsection (b), any surplus existing in the funds at the end of the year shall thereafter continue as a part of the highway funds of the said counties and shall be rebudgeted and used as already provided in this chapter. The purchase, rental and repair of highway equipment, painting of bridges and acquisition of grounds for erection and construction of storage buildings, acquisition of rights of way and the purchase of fuel oil, and supplies necessary to the performance of construction, reconstruction, preservation, and maintenance of highways, shall be paid out of the highway account of the various counties.

(b) Except as provided in subsection (c) and section 4.1 of this chapter, for funds distributed to a county from the motor vehicle highway account, the county shall use at least fifty percent (50%) of the money for the construction, reconstruction, and preservation of the county's highways.

(c) This subsection applies to a county containing a consolidated city. For funds distributed to a county from the motor vehicle highway account, the county shall use at least sixty-five percent (65%) of the money for the construction, reconstruction, and preservation of the county's highways.

(d) A county, including a county containing a consolidated city, may not budget or designate any funds that are distributed to the county from the motor vehicle highway account for a project to be selected by an individual member of the county fiscal body.

Formerly: Acts 1941, c.168, s.4. As amended by Acts 1980, P.L.74, SEC.216; P.L.218-2017, SEC.63; P.L.185-2018, SEC.23; P.L.179-2023, SEC.1; P.L.173-2025, SEC.7; P.L.156-2026, SEC.2.
Ind. Code § 8-1-7.9-25 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-25
Commission's review of energy utility's estimated acquisition costs or project costs; recovery of costs
Status: in_force

Sec. 25. (a) The commission shall review an energy utility's:

(1) estimated acquisition costs submitted under section 20(c)(1)(D) of this chapter; or

(2) estimated project costs filed under section 23(b)(1)(D) of this chapter;

as applicable.

(b) If the commission approves, with or without modification, an energy utility's generation resource submittal or petition for approval of a project, the energy utility may recover:

(1) acquisition costs; or

(2) project costs;

as applicable, that have been reviewed and found reasonable by the commission, with a return at the energy utility's weighted average cost of capital.

(c) If the commission denies an energy utility's generation resource submittal or petition for approval of a project, the energy utility may recover planning costs that have been reviewed and found reasonable by the commission, without a return.

(d) Absent fraud, concealment, or gross mismanagement, an energy utility may recover:

(1) acquisition costs; or

(2) project costs;

as applicable, with a return at the energy utility's weighted average cost of capital, that the energy utility has incurred or contractually will incur in reliance on a commission order issued under this chapter.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-23-17-24 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-24
Rules and provisions; adoption by agency heads and governor
Status: in_force

Sec. 24. Each agency head may adopt rules and procedures, consistent with this chapter, as necessary or appropriate to carry out its purposes. The governor may, with the approval of the attorney general, adopt uniform rules and procedures, including uniform schedules of payments under section 14 of this chapter and standards for the determination of payments under sections 16 and 17 of this chapter. The rules must be uniform and applicable to all agencies subject to this chapter. In adopting rules the governor, or the agency head if the governor has not adopted rules, shall consult with federal agencies administering relocation assistance programs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655) to promote uniform and effective administration of relocation assistance and land acquisition by all governmental agencies acquiring property in Indiana.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-4-7-1 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-1
Authority for formation
Status: in_force

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 amended by P.L.136-2018, SEC.88.
Ind. Code § 8-22-3.7-19 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-19
Trust indentures securing bonds
Status: in_force

Sec. 19. (a) The development authority may secure bonds issued under this chapter by a trust indenture between the development authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.

(b) The trust indenture may:

(1) pledge or assign lease rentals, receipts, and income from leased airport projects;

(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the authority and the board;

(3) set forth the rights and remedies of bondholders and trustee; and

(4) restrict the individual right of action of bondholders.

However, the trust indenture may not mortgage airport projects.

(c) Any pledge or assignment made by the development authority under this section is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-1-30.9-4 — Indiana Code / Title 8 / Article 1 / Chapter 30.9 / Section 8-1-30.9-4
"Withdrawal source"
Status: in_force

Sec. 4. As used in this chapter, "withdrawal source" means:

(1) a river, lake, reservoir, spring, or ground water aquifer; or

(2) the connection point with a water utility.

As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-40-6 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-6
"Marginal price of electricity"
Status: in_force

Sec. 6. As used in this chapter, "marginal price of electricity" means the hourly market price for electricity as determined by a regional transmission organization of which the electricity supplier serving a customer is a member.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-6-15-2 — Indiana Code / Title 8 / Article 6 / Chapter 15 / Section 8-6-15-2
Designation of abandoned or unused crossings
Status: in_force

Sec. 2. The department shall designate an abandoned or unused railroad grade crossing as abandoned or unused.

As added by P.L.87-2003, SEC.1. Amended by P.L.97-2004, SEC.35.
Ind. Code § 8-15.7-2-21 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-21
"Transportation plan"
Status: in_force

Sec. 21. "Transportation plan" has the meaning set forth in IC 8-23-1.1-41.

As added by P.L.47-2006, SEC.40. Amended by P.L.145-2026, SEC.35.
Ind. Code § 8-3-1-3 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-3
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.4; Acts 1907, c.241, s.4. As amended by P.L.62-1984, SEC.2; P.L.384-1987(ss), SEC.12. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-23-20-26 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-26
Signs in violation of chapter; public nuisance; notice; remedies
Status: in_force

Sec. 26. (a) A sign that is in violation of this chapter or rules adopted under this chapter is a public nuisance.

(b) If the department determines that a public nuisance exists, the department shall give notice under subsection (c) to:

(1) the owner of the property on which the public nuisance is located; and

(2) the owner of the public nuisance, if the owner of the public nuisance can be determined by reasonable inquiry.

(c) The department shall give notice of the determination under IC 4-21.5-3-6. The notice must include the following information:

(1) The name and address of the owner of the property or the owner of the sign.

(2) A description of the sign, including its location, that has been determined to be a public nuisance under this section.

(3) That the sign has been determined to be a public nuisance and the reasons for the determination.

(4) That the person receiving the notice has thirty (30) days after the date on which the notice was sent to:

(A) remove the sign from the property on which the sign is located; or

(B) file a petition for review under IC 4-21.5.

(5) That if after thirty (30) days the sign has not been removed or a petition for review has not been filed, the department will remove the sign or cause the sign to be removed.

(6) That if the department removes the sign or causes the sign to be removed, the person receiving notice will be charged the cost of the removal of the sign, including all administrative costs, and a lien will be imposed on the property under subsection (e).

(7) Any other information the department determines to be necessary.

(d) To qualify for judicial review under IC 4-21.5-5 of a final agency action taken under this section, the person filing the petition for review must post a bond of five thousand dollars ($5,000) with the clerk of the court in which the petition for review is filed. If the court determines that the request for review was:

(1) frivolous;

(2) in bad faith; or

(3) taken for the primary purpose of delaying the removal of a sign that is in violation of this chapter;

the bond shall be forfeited to the state highway fund.

(e) If after:

(1) thirty (30) days following the date on which the notice was sent under subsection (c):

(A) a petition for review of the determination has not been filed; and

(B) the sign that is determined to be a public nuisance has not been removed; or

(2) a petition for review has been filed, a final determination that the sign is a public nuisance has been made, and the sign that is determined to be a public nuisance has not been removed;

the department shall enter the property and remove the public nuisance or cause the public nuisance to be removed. The department shall bill the owner of the property on which a sign that is determined to be a public nuisance is located for the cost of the removal. If the bill remains unpaid for at least thirty (30) days following the date on which the bill was issued, the department shall file the bill with the clerk of the circuit court of the county in which the property is located. The clerk shall immediately enter the bill on the judgment docket against the owner of the property as a lien against the property. The lien may be foreclosed in the same manner as other judgment liens, without relief from valuation or appraisement laws or right of redemption. Each owner of the property on which a sign that is determined to be a public nuisance is located is jointly and severally liable for the costs of the removal of the sign under this subsection.

(f) A lease or other contract for the display of a sign that is determined to be a public nuisance under this section is against public policy and may not be enforced. An owner from whom the costs of removing a sign that is determined to be a public nuisance are collected under subsection (e) is entitled to contribution from any other owners of the property.

As added by P.L.112-1993, SEC.2.
Ind. Code § 8-1-42-14 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-14
Glare minimization; adjacent properties and roadways; vehicular traffic
Status: in_force

Sec. 14. Except as otherwise allowed by IC 36-7-4-1109, a CSE system installed by a project owner must be designed and constructed to:

(1) minimize glare on adjacent properties and roadways; and

(2) not interfere with vehicular traffic, including air traffic.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-4-1-32 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-32
Failure to complete road; voiding of corporation
Status: in_force

Sec. 32. If any such corporation shall not, within three (3) years after its incorporation, begin the construction of its road, and expend thereon five (5) per cent of the amount of its capital, and finish the road and put it in full operation in ten (10) years thereafter, its act of incorporation shall become void.

Formerly: Acts 1852, 1RS, c.83, s.34.
Ind. Code § 8-23-22-4 — Indiana Code / Title 8 / Article 23 / Chapter 22 / Section 8-23-22-4
Interstate and defense highway illumination costs under agreements in effect on June 30, 1985
Status: in_force

Sec. 4. The department shall assume the liability of the city, town, or county under an agreement in effect on June 30, 1985, between a city, town, or county and a utility to provide energy used after June 30, 1985, for illumination of a state highway designated as a part of the national system of interstate and defense highways.

As added by P.L.18-1990, SEC.231.
Ind. Code § 8-1-2.2-13 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-13
Revenues
Status: in_force

Sec. 13. (a) A municipality or joint agency may fix, charge and collect rents, rates, fees and charges for electric power and energy and other services, facilities and commodities sold, furnished or supplied through the facilities of its electric system or its interests in any project. For so long as any bonds of a municipality or joint agency issued under this chapter are outstanding and unpaid, the rents, fees and charges shall be so fixed as to provide revenues sufficient to pay:

(1) all costs of and charges and expenses in connection with the proper operation and maintenance of the municipality's or joint agency's electric system;

(2) the municipality's or joint agency's interest in any project;

(3) all necessary repairs, replacements or renewals of the municipality's or joint agency's interest in any project;

(4) when due (whether at maturity, upon acceleration, or by sinking fund requirements), the principal, premium, if any, and interest on all bonds payable from said revenues;

(5) to create and maintain reserves as may be required by any resolution or trust agreement authorizing and securing bonds;

(6) when due (whether at maturity, upon acceleration, or by sinking fund requirements), the principal, premium, if any, and interest on all general obligation bonds issued to finance additions and improvements to its electric system;

(7) any and all amounts which the municipality may be obligated to pay from these revenues by law or contract; and

(8) any additional amounts which must be realized in order to meet the requirements of any rate covenant imposed by any resolution or trust agreement authorizing and securing bonds.

(b) Any pledge made by a municipality or joint agency pursuant to this chapter shall be valid and binding from the date the pledge is made. The revenues, securities, and other moneys so pledged and then held or thereafter received by the municipality or joint agency or any fiduciary shall immediately be subject to the lien of the pledge without any physical delivery of the lien of the pledge or further act, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the municipality or joint agency without regard to whether such parties have notice of the lien of the pledge. The resolution or trust agreement or any financing statement, continuation statement or other instrument by which a pledge is created need not be filed or recorded in any manner.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.136-2018, SEC.58.
Ind. Code § 8-1-30.9-2 — Indiana Code / Title 8 / Article 1 / Chapter 30.9 / Section 8-1-30.9-2
"Long haul water pipeline"
Status: in_force

Sec. 2. (a) As used in this chapter, "long haul water pipeline" means a newly constructed, continuous pipeline that has the ability to transport water:

(1) at a capacity of at least ten million (10,000,000) gallons per day; and

(2) to a destination located at least thirty (30) miles from the withdrawal source.

(b) The term does not include:

(1) a project that will return at least fifty percent (50%) of the transported water after utilization back to the withdrawal source; or

(2) a pipeline project located, in whole or in part, inside the Great Lakes-St. Lawrence River basin (as defined in IC 14-25-15-1).

As added by P.L.99-2025, SEC.1.
Ind. Code § 8-22-2-5 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-5
Powers of board
Status: in_force

Sec. 5. (a) The board may adopt and use a seal. Applications, assurances, contracts, and other instruments necessary in the board's performance of its duties and the exercise of its powers may be executed in its name or in the name of the eligible entity, as the case may be, by the president or vice president of the board and attested by its secretary or assistant secretary. However, the board may by resolution prescribe another method of execution.

(b) The board, on behalf of the eligible entity, exclusively has the following powers:

(1) To acquire, establish, construct, improve, equip, maintain, control, lease, and regulate municipal airports and landing fields and other air navigation facilities, for the use of airplanes and other aircraft, either inside or outside the corporate limits of the entity, subject to statutory limitations; to acquire by lease (with or without the option to purchase) airports, landing fields, air navigation facilities, and any other structures, equipment, and related improvements; and to erect, install, construct and maintain at those airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers and the public; and the fiscal body of the entity may by ordinance provide that any land suitable for these purposes that is owned by the entity shall be put under the control of the board of aviation commissioners for aviation and public purposes. However, if at the time of the creation, appointment, and qualification of the board in an entity, the entity owns or controls an airport, landing field, or other air navigation facilities, then the exclusive control, management, and authority over the airport, landing field, or other air navigation facilities shall at once be transferred to the board without the adoption of an ordinance; and the department, board, officer, or officers of the entity, or other persons having possession or control, shall at once turn over and deliver to the board all personal property, records, books, plans, maps, and other papers and documents relating to the aviation business of the entity. The unexpended balance of any fund or funds appropriated by the entity for aviation purposes becomes a part of the aviation fund of the department of aviation. Before land may be purchased by an entity for the establishment of an airport or landing field or an airport or landing field may be established by an entity the action or acquisition of land must be granted by the aeronautics commission of Indiana.

(2) To elect a secretary from its membership or to employ a secretary, and to employ superintendents, managers, engineers, surveyors, attorneys, clerks, guards, mechanics, laborers, and all employees the board considers expedient, and to prescribe and assign their respective duties and authorities and to fix and regulate their compensation, in accordance with the appropriations made by the fiscal body of the entity. All employees shall be selected irrespective of their political affiliations.

(3) To make rules and regulations, consistent with law, for the management and control of its airports, landing fields, air navigation facilities, and other property under its control. The board may require a special detail of police or hire guards to execute the orders and enforce the rules and regulations.

(4) To acquire by lease the use of an airport or landing field for aircraft pending the acquisition and improvement of an airport or landing field. However, a lease must be approved by ordinance or resolution of the fiscal body of the entity before it takes effect.

(5) To manage and operate all airports, landing fields, and other air navigation facilities acquired or maintained by the entity; and to lease all or part of an airport, landing field, or any buildings or other structures to fix, charge, and collect rentals, tolls, fees, and charges to be paid for the use of the whole or a part of the airports, landing fields, or other air navigation facilities by aircraft landing there and for the servicing of the aircraft; to construct public recreational facilities that will not interfere with air operational facilities; to fix, charge, and collect fees for public admissions and privileges; to make contracts for the operation and management of the airports, landing fields, and other air navigation facilities; and to provide for the use, management, and operation of the air navigation facilities through lessees, through its own employees, or otherwise. Contracts or leases for the maintenance, operation, or use of the airport or any part of it may be made for a term not exceeding fifteen (15) years, and may be extended for similar terms of years, except that any parcels of the land of the airport may be leased for any use connected with the operation and convenience of the airport for an initial term not exceeding forty (40) years, and may be extended for a period not to exceed ten (10) years. If a person whose character, experience, and financial responsibility has been determined satisfactory by the board offers to erect a permanent structure that facilitates and is consistent with the operation, use, and purpose of the airport, on land belonging to the airport. A lease may be entered into for a period not to exceed ninety-nine (99) years. However, the fiscal body must pass an ordinance authorizing the board to enter into such a lease. The board may not grant an exclusive right for the use of a landing area under its jurisdiction. However, this does not prevent the making of leases in accordance with other provisions of this chapter. All contracts and leases are subject to restrictions and conditions that the board prescribes.

(6) To sell machinery, equipment, or material under the control of the board belonging to the eligible entity that is not required for aviation purposes. The proceeds shall be deposited with the entity's treasurer or controller to the credit of the department of aviation.

(7) To negotiate and execute contracts of sale or purchase, lease, personal services, materials, supplies, equipment, or any other transaction or business relative to an airport under the board's control. However, whenever the board determines to sell part or all of aviation lands or improvements owned by the eligible entity, the sale must be in accordance with section 8 of this chapter.

(8) To vacate all or parts of roads, highways, streets, or alleys in land under control of the board in the manner provided by statute.

(9) To approve, together with the fiscal body of the entity, any state, county, city, or other highway, road, street, or other public way, railroad, power line, or other right of way that may be laid out or opened across an airport or in such proximity as to affect the safe operation of the airport.

(10) To construct drainage and sanitary sewers with connections and outlets as are necessary for the proper drainage and maintenance of an airport or landing field acquired or maintained under this chapter, including the necessary buildings and improvements and for the public use of them, in the same manner that the eligible entity may construct sewers and drains. However, with respect to the construction of drains and sanitary sewers beyond the boundaries of the airport or landing field, the board shall proceed in the same manner as private owners of property and may institute proceedings and negotiate with the departments, bodies, and officers of the entity to secure the proper orders and approvals.

(11) To order a public utility or public service corporation or other person to remove or to install in underground conduits, wires, cables, and power lines passing through or over the airport or landing field or along the borders or within a reasonable distance that may be determined to be necessary for the safety of operations of the airport or landing field, upon payment to the utility or other person due compensation for the expense of the removal or reinstallation. The board must consent to any franchise granted by state or local authorities for the construction or maintenance of any railway, telephone, telegraph, electric power, pipe, or conduit line upon, over, or through land under the control of the board or within a reasonable distance of land that is necessary for the safety of operation. The board must also consent to the installation of overhead electric power lines carrying a voltage of over forty-four hundred (4,400) volts and having poles, standards, or supports over thirty (30) feet in height within one-half (1/2) mile of a landing area acquired or maintained under this chapter.

(12) To contract with any other state agency or instrumentality or any political subdivision for the rendition of services, the rental or use of equipment or facilities, or the joint purchase and use of equipment or facilities that are necessary for the operation, maintenance, or construction of an airport operated under this chapter.

[Pre-Local Government Recodification Citation: 19-6-1-6.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981, P.L.57, SEC.28; P.L.130-1987, SEC.1; P.L.29-1999, SEC.1.
Ind. Code § 8-1-1.1-6.1 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-6.1
Professional and other employees; additional staff for particular cases; charge and payment of expenses; technical equipment; costs and duties under TDSIC statute
Status: in_force

Sec. 6.1. (a) The consumer counselor may employ and fix the compensation of, with the approval of the governor and the budget agency, accountants, utility economists, engineers, attorneys, stenographers, or other assistance necessary to carry out the duties of the office. The compensation of the consumer counselor and the counselor's staff shall be paid from an appropriation made for that purpose by the general assembly, or with the approval of the governor and the budget agency, from a contingency fund established under IC 8-1-6-1.

(b) The consumer counselor may make use of engineers, experts, and accountants employed by the commission or the Indiana department of transportation and direct them to make appraisals and audits in the performance of the consumer counselor's duties under this chapter and IC 8-1-1 and IC 8-1-2. In so doing, the consumer counselor shall have access to the records and files of the commission or the Indiana department of transportation.

(c) The consumer counselor may employ, with the approval of the governor and the budget agency, additional stenographers, examiners, experts, engineers, assistant counselors, accountants, and consulting firms with expertise in utility, motor carrier, or railroad economics or management or both, at salaries and compensation and for a length of time as the governor and the budget agency may approve for a particular case or investigation. The compensation for the additional personnel together with the cost of transportation, hotel, telegram, and telephone bills while traveling on public business shall be paid from the expert witness fee account, or, with the approval of the governor and the budget agency, from a contingency fund established under IC 8-1-6-1 on warrants drawn by the state comptroller, sworn to by the parties who incurred the expenses.

(d) Expenses incurred by the regular staff of the office and approved by the consumer counselor, or an expense incurred by the commission or the Indiana department of transportation under subsection (b), shall be charged and paid in the manner provided in IC 8-1-2-70 or IC 8-1-6, whichever is appropriate under the circumstances.

(e) Nothing in this chapter may be construed to prevent a party interested in a proceeding, suit, or action from appearing in person or from being represented by counsel.

(f) Persons hired by the consumer counselor as provided by this section are exempt from the job classifications and compensation schedules established under IC 4-15.

(g) The consumer counselor may purchase, lease, or otherwise acquire sufficient technical equipment necessary for the consumer counselor to carry out the consumer counselor's statutory duties.

(h) The consumer counselor may submit to the budget agency a request for funds sufficient to carry out any new duties or responsibilities created under IC 8-1-39-12(b). The consumer counselor shall include in its annual report to the interim study committee on energy, utilities, and telecommunications:

(1) a description of its activities under IC 8-1-39-12(b); and

(2) a summary of the costs associated with those activities.

As added by P.L.1-1990, SEC.97. Amended by P.L.133-2013, SEC.2; P.L.149-2016, SEC.33; P.L.9-2024, SEC.277.
Ind. Code § 8-1-7.9-15 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-15
"Project costs"
Status: in_force

Sec. 15. As used in this chapter, "project costs" means the total costs of a project, including:

(1) planning costs; and

(2) construction and operating costs;

related to the project.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-3-2-14 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-14
Actions and proceedings to enforce railroad law
Status: in_force

Sec. 14. The Indiana department of transportation may inquire into the management and business of carriers as regulated by this chapter and shall keep informed as to the manner and method in which the management is conducted. The department may obtain from the carriers, and their agents, officers, and employees full and complete information to enable it to perform its duties under this chapter. The department shall execute and enforce this chapter and for that purpose may, with the approval of the governor, employ and pay special counsel and other persons to assist it. The department may sue in its name in all the courts of Indiana and prosecute all necessary and appropriate actions at law or suits in equity for the purpose of securing the observance and enforcement of this chapter. If the department, in an action, is entitled to a temporary restraining order or injunction, pending final hearing, the court shall grant the order or injunction with all reasonable dispatch and without requiring bond or surety from the department. All state statutes, concerning examinations by the department of books and papers, and the production thereof, and the attendance of examination of witnesses in any investigation held by the department, regulate the proceedings of the department in any investigations held by it under this chapter.

Formerly: Acts 1907, c.231, s.14. As amended by P.L.62-1984, SEC.24; P.L.384-1987(ss), SEC.39; P.L.18-1990, SEC.47.
Ind. Code § 8-1-2.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-3
"Retail energy service" defined
Status: in_force

Sec. 3. As used in this chapter, "retail energy service" means energy service furnished by an energy utility to a customer for ultimate consumption, including energy service by a general district corporation to a local district corporation within the meaning of IC 8-1-13-23. The term does not include wholesale energy service furnished by an energy utility for resale (other than energy service by a general district corporation to a local district corporation) to another energy utility, a cooperatively owned electric utility, or a municipally owned electric utility.

As added by P.L.108-1995, SEC.3.
Ind. Code § 8-1-1.1-1 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-1
Definitions
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 1. As used in this chapter:

"Council" means the advisory council to the office of utility consumer counselor created under section 7 of this chapter.

"Counselor" means the consumer counselor established under section 2 of this chapter.

"Deputy consumer counselor" means the deputy consumer counselor for Washington affairs that may be established under section 9.1 of this chapter.

"Utility" means any public utility, municipally owned utility or subscriber owned utility under the jurisdiction of the commission.

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.43-1983, SEC.6; P.L.23-1988, SEC.18; P.L.1-1990, SEC.91.
Ind. Code § 8-23-9.5-23 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-23
Terminating contracts
Status: in_force

Sec. 23. The department, a CMGC, or a PDB may terminate a contract as follows:

(1) For a contract with a CMGC:

(A) at any time under phase one; or

(B) in accordance with the provisions provided in the request for proposals under phase two;

of the contract.

(2) For a contract with a PDB, in accordance with the provisions provided in the request for proposals.

As added by P.L.60-2023, SEC.2. Amended by P.L.9-2024, SEC.306.
Ind. Code § 8-1.5-3-10 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-10
Rates and charges; electric service outside corporate boundaries
Status: in_force

Sec. 10. Whenever a municipality operates an electric utility that provides service outside the corporate boundaries of the municipality, the charges for service outside the corporate boundaries may not differ from the charges for service inside the corporate boundaries unless the utility clearly demonstrates significant cost factors that make different charges nondiscriminatory, reasonable, and just.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-3-2-8 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-8
Freight cars; delay in furnishing; forfeiture
Status: in_force

Sec. 8. Every carrier subject to the provisions of this chapter which shall fail and neglect to furnish cars to applicants in accordance with the application therefor, and as provided in section 6 of this chapter, shall forfeit and pay to the applicant the sum of one dollar ($1) for each car for each twenty-four (24) hours, or the major part thereof, that the delivery of the same shall be delayed beyond the date when the cars were required to be furnished; provided, that such forfeiture shall not accrue if the carrier shall show to the satisfaction of the court or jury trying the cause that it did not have the cars in its control at the time they were required for delivery, and that, for a reasonable time prior to the failure and at the time of the failure, it had made and then made a bona fide and reasonable effort to supply its line with the necessary car equipment to care for the traffic then on its line and such future traffic as it could reasonably anticipate would be offered for shipment.

Formerly: Acts 1907, c.231, s.8. As amended by P.L.62-1984, SEC.19.
Ind. Code § 8-23-9-42 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-42
Railroad crossings; separation of grades; payment of costs
Status: in_force

Sec. 42. When any separation of grades is made by agreement or by order, the department shall pay one-half (1/2) of the total expense of a separation as a part of the cost of the highway, and the railroad whose tracks are involved in the separation shall pay the other one-half (1/2) of the total expense.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1.5-2-7 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-7
Public convenience and necessity; declaratory resolution
Status: in_force

Sec. 7. (a) A certificate of public convenience and necessity is not required as a condition precedent to the owning, leasing, acquisition, construction, or operation of a utility by a municipality, even if there is a public utility engaged in a similar service. The acquisition of electric utility property and assignment of a municipal electric utility's service area are, however, subject to the provisions of IC 8-1-2.3 and IC 8-1-2-95.1.

(b) Subsection (d) applies to the following:

(1) A municipality that wants to acquire an existing utility, including by purchase or condemnation under IC 8-1-2-92, IC 8-1-2-93, or otherwise.

(2) A municipality that wants to own and operate a utility in a location where, or contiguous to where, there is a public utility engaged in a similar service:

(A) under a franchise granted by the municipality; or

(B) under an indeterminate permit as defined in IC 8-1-2-1.

(c) Notwithstanding subsection (b), subsection (d) does not apply to the following:

(1) A municipality that owns and operates a water utility as of July 1, 2012.

(2) An action brought under:

(A) IC 8-1-2-92;

(B) IC 8-1-2-93; or

(C) this chapter;

before March 1, 2013.

(d) Before a municipality described in subsection (b) may declare by ordinance that public convenience and necessity require the establishment of a municipally owned utility, the municipality shall conduct a hearing under section 10 of this chapter.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.172-2009, SEC.3; P.L.270-2013, SEC.4.
Ind. Code § 8-1-26-21 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-21
Demolition or excavation resulting in damage to underground facility; escape of flammable, toxic, or corrosive gas or liquid; duties of operator
Status: in_force

Sec. 21. (a) Except as provided in subsection (b), a person responsible for an excavation or a demolition operation under section 14 of this chapter that results in damage to an underground facility shall:

(1) immediately upon discovery of the damage, notify the operator of the facility and the association of the location and nature of the damage; and

(2) allow the operator of the facility reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the facility.

(b) A person responsible for an excavation or a demolition operation under section 14 of this chapter that results in damage to an underground facility permitting the escape of flammable, toxic, or corrosive gas or liquid shall:

(1) immediately upon discovery of the damage, notify the operator and the association and local police and fire departments having jurisdiction; and

(2) take other action necessary to protect persons and property and to minimize the hazards until arrival of the operator's personnel or police and fire personnel.

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.18.
Ind. Code § 8-14.5-6-7 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-7
Negotiable instrument nature of bonds or notes
Status: in_force

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.
Ind. Code § 8-1-2.7-1.7 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-1.7
Entity contracting with nonprofit public sewage utility not subject to commission jurisdiction
Status: in_force

Sec. 1.7. (a) This section does not apply to a sewage treatment provider that is otherwise subject to the jurisdiction of the commission.

(b) When a sewage treatment provider contracts to provide only sewage treatment service to a sewage treatment recipient, the sewage treatment provider is not subject to the jurisdiction of the commission, regardless of whether the sewage treatment recipient is subject to the jurisdiction of the commission.

As added by P.L.80-1997, SEC.5 and P.L.82-1997, SEC.5. Amended by P.L.159-1999, SEC.5.
Ind. Code § 8-1-2-83 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-83
Franchises; sale; transfer; assignment or encumbrance; special rate contracts
Status: in_force

Sec. 83. (a) No public utility, as defined in section 1 of this chapter, shall sell, assign, transfer, lease, or encumber its franchise, works, or system to any other person, partnership, limited liability company, or corporation, or contract for the operation of any part of its works or system by any other person, partnership, limited liability company, or corporation, without the approval of the commission after hearing. And no such public utility, except temporarily or in case of emergency and for a period of not exceeding thirty (30) days, shall make any special contract at rates other than those prescribed in its schedule of rates theretofore filed with the commission, and in force, with any other utility for rendering any service to or procuring any service from such other utility, without the approval of the commission. It shall be lawful, however, for any utility to make a contract for service to or from another utility at rates previously filed with and approved by the commission and in force.

(b) The approval of the commission of the sale, assignment, transfer, lease, or encumbrance of a franchise or any part of a franchise under this section shall not revive or validate any lapsed or invalid franchise, or enlarge or add to the powers and privileges contained in the grant of any franchise or waive any forfeiture. No such public utility shall directly or indirectly purchase, acquire, or become the owner of any of the property, stock, or bonds of any other public utility authorized to engage or engaged in the same or a similar business, or operating or purporting to operate under a franchise from the same or any other municipality or under an indeterminate permit unless authorized so to do by the commission.

(c) Nothing contained in this section shall prevent the holding of stock lawfully acquired before May 1, 1913, or prohibit, upon the surrender or exchange of said stock pursuant to a reorganization plan, the purchase, acquisition, taking, or holding by the owner of a proportionate amount of the stock of any new corporation organized to take over at foreclosure or other sale, the property of the corporation whose stock has been thus surrendered or exchanged.

(d) Every contract by any public utility for the purchase, acquisition, assignment, or transfer to it of any of the stock of any other public utility by or through any person, partnership, limited liability company, or corporation without the approval of the commission shall be void and of no effect, and no such transfer or assignment of such stock upon the books of the corporation pursuant to any such contract shall be effective for any purpose.

Formerly: Acts 1913, c.76, s.95; Acts 1925, c.54, s.1. As amended by P.L.59-1984, SEC.37; P.L.23-1988, SEC.24; P.L.8-1993, SEC.111; P.L.136-2018, SEC.49.
Ind. Code § 8-18-22-14 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-14
Certain statutory provisions inapplicable
Status: in_force

Sec. 14. IC 6-1.1-20 does not apply to the issuance of bonds under this chapter.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-23-20-18 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-18
Screening of junkyards and scrap metal facilities
Status: in_force

Sec. 18. The department shall, if feasible, place a screen on the highway right-of-way or an area acquired for the purpose between a highway and a junkyard or a scrap metal processing facility that is lawfully located within one thousand (1,000) feet of a highway in the interstate or primary system so that the junkyard or facility is not visible from the main-traveled way, unless the junkyard or facility is located in an industrial area.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-16-1-26 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-26
Bridge constructed under chapter and crossing Wabash River
Status: in_force

Sec. 26. (a) This section applies only to a bridge that:

(1) was constructed under this chapter; and

(2) crosses the Wabash River.

(b) Notwithstanding any other provisions of this chapter, a bridge subject to this section does not become a part of the system of state highways free of tolls or a tollway under IC 8-15-3 when bonds are retired and all funds fully reimbursed.

(c) Money collected for the use of a bridge subject to this section shall be allocated to the authority and used for the following purposes:

(1) Operation of the toll bridge facility.

(2) Maintenance of the toll bridge facility.

(3) A reserve fund for future toll bridges over the Ohio River to be located within the same county in which the bridge subject to this section is located.

As added by P.L.386-1987(ss), SEC.17.
Ind. Code § 8-23-7-2 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-2
Purposes for acquiring real property
Status: in_force

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 the right-of-way of the state highway system; or

(B) the relocation of a utility facility within the right-of-way of the state highway system due to interference with a highway improvement project.

(2) To widen or straighten a highway.

(3) To clear and remove obstructions to vision at crossings and curves.

(4) To construct weigh stations and rest areas.

(5) To provide scenic easements and other areas necessary to cooperate with the federal government or carry out a federal law.

(6) To facilitate long-range transportation planning.

As added by P.L.18-1990, SEC.216. Amended by P.L.35-2005, SEC.2.
Ind. Code § 8-10-1-7.5 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-7.5
Public fishing areas
Status: in_force

Sec. 7.5. The department of natural resources may establish and maintain, within all ports created under this chapter and in operation on July 1, 1975, areas for the use of the citizens of this state for public fishing from the shore. The ports of Indiana shall cooperate fully with the department of natural resources in the implementation of this section. However, if the site of any public fishing area established under this section is subsequently leased to others for agricultural, industrial, or commercial purposes, or if required to maintain port security, the ports of Indiana may limit or halt public fishing in that area.

Formerly: Acts 1975, P.L.85, SEC.1. As amended by P.L.98-2008, SEC.17.
Ind. Code § 8-14.5-6-21 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-21
Investment of authority funds
Status: in_force

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.68-1988, SEC.12.
Ind. Code § 8-21-8-1 — Indiana Code / Title 8 / Article 21 / Chapter 8 / Section 8-21-8-1
Definitions; preapproval of municipal projects; payment of federal participating funds
Status: in_force

Sec. 1. (a) The following terms apply throughout this section:

(1) "Municipality" means any political subdivision, district, public corporation or authority in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve or operate airports or other air navigation facilities.

(2) "Public agency" and "sponsor" have the same meaning as set forth in 49 U.S.C. 47102, as amended.

(3) "Department" refers to the Indiana department of transportation.

(b) A municipality, whether acting alone, or jointly with another municipality, the state, or a public agency of another state, may not submit to the secretary of transportation of the United States a project application for an airport improvement project grant under the federal Airport Improvement Program or the Airport and Airway Improvement Act of 1982, as amended, unless the project and project application have been first approved by the department.

(c) Payment of federal participating funds for an airport improvement project in Indiana authorized under the federal Airport Improvement Program or the Airport and Airway Improvement Act of 1982, as amended, shall be to the municipality.

(d) A municipality may appoint the department to be its agent for the receipt of federal participating funds in an airport improvement project if the municipality is not otherwise required to do so.

Formerly: Acts 1947, c.114, s.1; Acts 1975, P.L.95, SEC.1. As amended by Acts 1980, P.L.74, SEC.341; P.L.18-1990, SEC.157; P.L.5-2015, SEC.24; P.L.213-2015, SEC.123.
Ind. Code § 8-1-2.6-1.5 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-1.5
Commission's delegated authority; intrastate switched or special access service rates and charges; filing of tariff
Status: in_force

Sec. 1.5. (a) In acting to impose any requirements or set any prices concerning:

(1) interconnection with the facilities and equipment of providers for purposes of 47 U.S.C. 251(c)(2);

(2) the resale of telecommunications service for purposes of 47 U.S.C. 251(c)(4); or

(3) the unbundled access of one (1) provider to the network elements of another provider for purposes of 47 U.S.C. 251(c)(3);

the commission shall not exceed the authority delegated to the commission under federal laws and regulations with respect to those actions.

(b) Subject to any regulations adopted by the Federal Communications Commission, this section does not affect:

(1) the commission's authority to mediate a dispute between providers under 47 U.S.C. 252(a);

(2) the commission's authority to arbitrate a dispute between providers under 47 U.S.C. 252(b);

(3) the commission's authority to approve an interconnection agreement under 47 U.S.C. 252(e), including the authority to establish service quality metrics and liquidated damages;

(4) the commission's authority to review and approve a provider's statement of terms and conditions under 47 U.S.C. 252(f);

(5) a provider's ability to file a complaint with the commission to have a dispute decided by the commission:

(A) after notice and hearing; and

(B) in accordance with this article; or

(6) the commission's authority to resolve an interconnection dispute between providers under the expedited procedures set forth in 170 IAC 7-7.

(c) If a provider's rates and charges for intrastate switched or special access service are:

(1) at issue in a dispute that the commission is authorized to mediate, arbitrate, or otherwise determine under state or federal law; or

(2) included in an interconnection agreement or a statement of terms and conditions that the commission is authorized to review or approve under state or federal law;

the commission shall consider the provider's rates and charges for intrastate switched or special access service to be just and reasonable if the intrastate rates and charges mirror the provider's interstate rates and charges for switched or special access service.

(d) If the commission requires a provider to file a tariff for intrastate switched access service, special access service, or any other service, the filing of the tariff with the commission serves as the public notice of the filing of the tariff. The commission shall provide the public with notice of tariff filings through the commission's website or other electronic means.

As added by P.L.27-2006, SEC.18. Amended by P.L.256-2013, SEC.5; P.L.107-2014, SEC.1; P.L.1-2025, SEC.114.
Ind. Code § 8-1-34-24 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-24
Franchise fee; percentage of gross revenue; unincorporated areas; disputes over gross revenue calculation; pass through to subscribers; billing itemization; fee under local franchise
Status: in_force

Sec. 24. (a) Subject to subsection (f), not later than forty-five (45) days after the end of each calendar quarter, the holder shall pay to each unit included in the holder's service area under a certificate issued under this chapter a franchise fee equal to:

(1) the amount of gross revenue received from providing video service in the unit during the most recent calendar quarter, as determined under section 23 of this chapter; multiplied by

(2) except as provided in subsection (c) or (d), whichever applies, a percentage equal to one (1) of the following:

(A) If a local franchise has never been in effect in the unit before July 1, 2006, five percent (5%).

(B) If no local franchise is in effect in the unit on July 1, 2006, but one (1) or more local franchises have been in effect in the unit before July 1, 2006, the percentage of gross revenue paid by the holder of the most recent local franchise in effect in the unit, unless the unit elects to impose a different percentage, which may not exceed five percent (5%).

(C) If there is one (1) local franchise in effect in the unit on July 1, 2006, the percentage of gross revenue paid by the holder of that local franchise as a franchise fee to the unit, unless the unit elects to impose a different percentage, which may not exceed five percent (5%). Upon the expiration of a local franchise described in this clause, the percentage shall be determined by the unit but may not exceed five percent (5%).

(D) If there is more than one (1) local franchise in effect with respect to the unit on July 1, 2006, a percentage determined by the unit, which may not exceed the greater of:

(i) five percent (5%); or

(ii) the percentage paid by a holder of any local franchise in effect in the unit on July 1, 2006.

(b) If the holder provides video service to an unincorporated area in Indiana, as described in section 23(e) of this chapter, the holder shall:

(1) calculate the franchise fee with respect to the unincorporated area in accordance with subsection (a); and

(2) remit the franchise fee to the county in which the unincorporated area is located.

If an unincorporated area served by the provider is located in one (1) or more contiguous counties, the provider shall remit part of the franchise fee calculated under subdivision (1) to each county having territory in the unincorporated area served. The part of the franchise fee remitted to a county must bear the same proportion to the total franchise fee for the area, as calculated under subdivision (1), that the number of subscribers in the county bears to the total number of subscribers in the unincorporated area served.

(c) In the case of a franchise issued before January 1, 2026, the percentage applied under subsection (a)(2) to the holder's gross revenue for calendar years beginning on or after January 1, 2026, shall be the percentage that applied under subsection (a)(2) on December 31, 2025, less one percent (1%). However, the percentage applied to the gross revenue of a holder subject to this subsection may not be reduced to an amount that is less than one percent (1%).

(d) In the case of a franchise that is initially issued by the commission after December 31, 2025, the percentage applied under subsection (a)(2) to the gross revenue of a holder subject to this subsection may not exceed four percent (4%).

(e) With each payment of a franchise fee to a unit under this section, the holder shall include a statement explaining the basis for the calculation of the franchise fee. A unit may review the books and records of:

(1) the holder; or

(2) an affiliate of the holder, if appropriate;

to the extent necessary to ensure the holder's compliance with section 23 of this chapter in calculating the gross revenue upon which the remitted franchise fee is based. Each party shall bear the party's own costs of an examination under this subsection. If the holder and the unit cannot agree on the amount of gross revenue on which the franchise fee should be based, either party may petition the commission to determine the amount of gross revenue on which the franchise fee should be based. A determination of the commission under this subsection is final, subject to the right of direct appeal by either party.

(f) A franchise fee owed by a holder to a unit under this section may be passed through to, and collected from, the holder's subscribers in the unit. To the extent allowed under 47 U.S.C. 542(c), the holder may identify as a separate line item on each regular bill issued to a subscriber:

(1) the amount of the total bill assessed as a franchise fee under this section; and

(2) the identity of the unit to which the franchise fee is paid.

(g) A holder that elects under section 21(b)(1) of this chapter to continue providing video service under a local franchise is not required to pay the franchise fee prescribed under this section, but shall pay any franchise fee imposed under the terms of the local franchise.

As added by P.L.27-2006, SEC.58. Amended by P.L.6-2012, SEC.64; P.L.230-2025, SEC.127.
Ind. Code § 8-4-6-1 — Indiana Code / Title 8 / Article 4 / Chapter 6 / Section 8-4-6-1
Resolution
Status: in_force

Sec. 1. Railroad companies desiring so to do may change their name by resolution of their boards of directors duly entered upon their records, and, in so doing, may adopt such name as may be agreed upon by the board.

Formerly: Acts 1853, c.83, s.1. As amended by P.L.3-1989, SEC.62.
Ind. Code § 8-20-1-57 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-57
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.66. As amended by P.L.86-1988, SEC.206. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-4.5-5-21 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-21
Abandoned projects
Status: in_force

Sec. 21. (a) If a project is completed and later abandoned, the department shall inform the board as soon as is reasonably possible.

(b) After the board receives notification under subsection (a), the board shall consider all possible uses by the state, including continued abandonment of the corridor.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-2.1-17-13 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-13
"Person"
Status: in_force

Sec. 13. "Person" means an individual, corporation, firm, or partnership.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-1.5-2-6.1 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-6.1
Sale of nonsurplus property; ordinance adopted after March 28, 2016; approval of commission; terms and conditions; public interest determination; net original cost rate base; submission to voters
Status: in_force

Sec. 6.1. (a) This section applies to a municipality that adopts an ordinance under section 5(d) of this chapter after March 28, 2016.

(b) Before a municipality may proceed to sell or otherwise dispose of all or part of its nonsurplus utility property under an ordinance adopted under section 5(d) of this chapter, the municipality and the prospective purchaser must obtain the approval of the commission under this section.

(c) As part of the sale or disposition of the property, the municipality and the prospective purchaser may include terms and conditions that the municipality and the prospective purchaser consider to be equitable to the existing utility customers of:

(1) the municipality's municipally owned utility; and

(2) the prospective purchaser;

as applicable.

(d) The commission shall approve the sale or disposition of the property according to the terms and conditions proposed by the municipality and the prospective purchaser if the commission finds that the sale or disposition according to the terms and conditions proposed is in the public interest. For purposes of this section, the purchase price of the municipality's nonsurplus utility property shall be considered reasonable if it does not exceed the appraised value set forth in the appraisal required under section 5 of this chapter.

(e) The following apply to the commission's determination under subsection (d) as to whether the proposed sale or disposition according to the proposed terms and conditions is in the public interest:

(1) If:

(A) the prospective purchaser petitions the commission under IC 8-1-30.3-5(d); and

(B) the commission approves the prospective purchaser's petition;

the proposed sale or disposition is considered to be in the public interest.

(2) If subdivision (1) does not apply and subject to subsection (h), the commission shall consider the extent to which the proposed terms and conditions of the proposed sale or disposition would require the existing utility customers of either the prospective purchaser or the municipality's municipally owned utility, as applicable, to pay rates that would subsidize utility service to the other party's existing customers. For purposes of this subdivision, the proposed terms and conditions will not result in rates that would subsidize service to other customers if the amount to be recorded as net original cost under subsection (f) is not greater than two percent (2%) of the prospective purchaser's net original cost rate base as determined in the prospective purchaser's most recent general rate case, plus any adjustments to the rate base under IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate case. If the amount to be recorded is greater than two percent (2%), the commission shall proceed to determine whether:

(A) the proposed terms and conditions would result in a subsidy described in this subdivision; and

(B) the subsidy would cause the proposed terms and conditions of the proposed sale or disposition not to be in the public interest.

The commission shall calculate the amount of the subsidy that would result and shall set forth in an order under this section such changes to the proposed terms and conditions as the commission considers appropriate to address the subsidy. The prospective purchaser and the municipality shall each have thirty (30) days from the date of the commission's order setting forth the commission's changes to either accept or reject the changes. If either party rejects the commission's changes, the proposed sale or disposition is considered not to be in the public interest.

(3) In reviewing the proposed terms and conditions of the proposed sale or disposition under either subdivision (1) or (2), the commission shall consider the financial, managerial, and technical ability of the prospective purchaser to provide the utility service required after the proposed sale or disposition.

(4) In reviewing the proposed terms and conditions of the proposed sale or disposition under either subdivision (1) or (2), the commission shall accept as reasonable the valuation of the nonsurplus utility property determined through an appraisal and review under section 5 of this chapter.

(f) As part of an order approving a sale or disposition of property under this section, the commission shall, without regard to amounts that may be recorded on the books and records of the municipality and without regard to any grants or contributions previously received by the municipality, provide that for ratemaking purposes, the prospective purchaser shall record as the net original cost rate base an amount equal to:

(1) the full purchase price;

(2) incidental expenses; and

(3) other costs of acquisition;

allocated in a reasonable manner among appropriate utility plant in service accounts.

(g) The commission shall issue a final order under this section not later than two hundred ten (210) days after the filing of the parties' case in chief.

(h) In reviewing a proposed sale or disposition under subsection (e), the commission shall determine whether the factors set forth in IC 8-1-30.3-5(d) are satisfied as applied to the proposed sale or disposition of the municipality's nonsurplus municipally owned utility property for purposes of section 5(m) of this chapter. If the commission determines that the factors set forth in IC 8-1-30.3-5(d):

(1) are satisfied as applied to the proposed sale or disposition, section 5(g) through 5(k) of this chapter does not apply to the municipality's ordinance adopted under section 5(d) of this chapter; or

(2) are not satisfied as applied to the proposed sale or disposition:

(A) section 5(g) through 5(k) of this chapter applies to the municipality's ordinance adopted under section 5(d) of this chapter; and

(B) the question as to whether the sale or disposition should be made must be submitted to the voters of the municipality at a special or general election if at least the number of the registered voters of the municipality set forth in section 5(h) of this chapter sign and present a petition to the legislative body opposing the sale or disposition, in accordance with section 5(g) through 5(k) of this chapter.

However, notwithstanding this subsection, in reviewing a proposed sale or disposition under subsection (e)(2), the commission may not condition its approval of the proposed sale or disposition on whether the factors set forth in IC 8-1-30.3-5(d) are satisfied or on any other factors except those provided for in subsection (e)(2), (e)(3), and (e)(4).

As added by P.L.98-2016, SEC.10. Amended by P.L.64-2018, SEC.2; P.L.229-2019, SEC.9; P.L.61-2022, SEC.12.
Ind. Code § 8-25-7-1 — Indiana Code / Title 8 / Article 25 / Chapter 7 / Section 8-25-7-1
Applicability
Status: in_force

Sec. 1. This chapter applies to Marion County.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-9-5-6 — Indiana Code / Title 8 / Article 9 / Chapter 5 / Section 8-9-5-6
Scope of chapter
Status: in_force

Sec. 6. The provisions of this chapter shall apply to any person, firm, corporation, lessee, or receiver who or which operates in the state of Indiana a steam railroad more than twenty-five (25) miles in length.

Formerly: Acts 1913, c.43, s.6. As amended by P.L.62-1984, SEC.131.
Ind. Code § 8-4.5-1-10 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-10
"Legislative body"
Status: in_force

Sec. 10. "Legislative body" has the meaning set forth in IC 36-1-2-9.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-2-46.1 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-46.1
Classification of service; rate for furnishing traction power
Status: in_force

Sec. 46.1. In providing for a classification of service, the commission shall approve a rate for furnishing traction power for a commuter transportation system (IC 8-5-15) that is equal to or lower than the rate approved for any industrial or commercial consumer of the public utility. The rate established under this section is subject to timely payments as negotiated between the utility and the district for furnishing the traction power.

As added by P.L.385-1987(ss), SEC.1.
Ind. Code § 8-1-6.1-4 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-4
"Office"
Status: in_force

Sec. 4. As used in this chapter, "office" refers to the office of utility consumer counselor created by IC 8-1-1.1-2.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-3-13-2 — Indiana Code / Title 8 / Article 3 / Chapter 13 / Section 8-3-13-2
Construction and maintenance; charter powers
Status: in_force

Sec. 2. The powers of the charter of any railroad company constructing such branch in relation to the entering upon and taking possession of and acquiring title to any ground and materials necessary in the construction and maintenance of such road, shall be, and the same are hereby, extended to the construction and maintenance of any such branch road.

Formerly: Acts 1865(ss), c.22, s.2.
Ind. Code § 8-1-47-4 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-4
"Utility service"
Status: in_force

Sec. 4. As used in this chapter, "utility service" means electric service that is provided at retail to customers.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-1-7.9-26 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-26
Information filed or submitted; treatment as confidential; nondisclosure agreements; corporation's negotiations for economic development project; determination of increased energy demand; notice to affected energy utility; requests and incentives under other statutes; progress reports
Status: in_force

Sec. 26. (a) Upon request by an energy utility, the commission shall determine whether the information and related materials filed or submitted, or to be filed or submitted, by an energy utility under this chapter:

(1) are confidential under IC 5-14-3-4 or are trade secrets under IC 24-2-3;

(2) are exempt from public access and disclosure by Indiana law; and

(3) must be treated as confidential and protected from public access and disclosure by the commission.

(b) The parties to a pre-filing meeting under this chapter shall execute a nondisclosure agreement to review or discuss information or materials considered confidential under IC 5-14-3-4 or to be trade secrets under IC 24-2-3.

(c) If the corporation is in negotiations with an industrial, research, or commercial prospect about a potential economic development project and, based on communications related to those negotiations, determines that the potential economic development project for a new or expanded facility in Indiana may result in the economic development project requiring new or increased energy demand of at least twenty (20) megawatts, the corporation shall notify the affected energy utility not later than fifteen (15) days after making the determination. All communications of the corporation, including notice under this section to an affected energy utility, regarding a potential economic development project are considered confidential and exempt from disclosure under IC 5-14-3-4(b)(5). Upon the corporation's provision of the notice required by this subsection, any subsequent:

(1) meeting;

(2) pre-filing meeting;

(3) communications; or

(4) information sharing;

involving the corporation, the affected energy utility, or the industrial, research, or commercial prospect about a potential economic development project may be subject to a nondisclosure agreement with respect to information or materials considered confidential under IC 5-14-3-4 or to be trade secrets under IC 24-2-3.

(d) An energy utility may request, and the commission may approve, financial incentives under IC 8-1-8.8-11(a) for:

(1) an acquisition; or

(2) a project;

that qualifies as a clean energy project (as defined in IC 8-1-8.8-2).

(e) An energy utility may request that review of an arrangement under IC 8-1-2-24 and any related rates and charges under IC 8-1-2-25 that are:

(1) submitted with a generation resource submittal; or

(2) filed with a petition for a project;

under this chapter be reviewed and approved or denied by the commission not later than ninety (90) days after the date of submittal or filing, as applicable.

(f) Notwithstanding IC 8-1-8.5 or any other applicable statute, an energy utility may begin construction of an acquisition or a project before filing a petition or submittal under this chapter.

(g) The commission may require an energy utility to file with the commission progress reports and updates with respect to an acquisition or project under this chapter. Any required progress reports or updates under this subsection shall be made in a form and at a frequency that the commission determines to be reasonable.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-4-1-14 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-14
General powers and duties; enumeration
Status: in_force

Sec. 14. (a) Every such corporation shall possess the general powers, and be subject to the liabilities and restrictions, expressed in the special powers following:

(1) To cause such examination and surveys for the proposed railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and, for such purposes, by their officers, agents, and servants, to enter upon the lands or waters of any person, but subject to responsibility for all damages which they shall do thereto.

(2) To receive, hold, and take such voluntary grants and donations of real estate and other personal property as shall be made to it to aid in the construction, maintenance, and accommodation of such railroad; but the real estate thus received by voluntary grants shall be held and used for the purposes of such grants only.

(3) To purchase, and, by voluntary grants and donations receive and take, and, by its officers, engineers, surveyors, and agents, enter upon, take possession of, hold, and use all such lands and real estate and other property as may be necessary for the construction and maintenance of its railroad stations, depots, and other accommodations necessary to accomplish the objects for which the corporation is created; but not until the compensation to be made therefor, as agreed upon by the parties or ascertained as prescribed in this chapter, shall have been paid to the owner or owners thereof, or deposited as directed by this chapter, unless the consent of such owner be given to enter into possession.

(4) To lay out its road, not exceeding six (6) rods wide, and to construct the same; and for the purposes of cuttings, embankments, and procuring stone and gravel, or the improvement of its road by the construction of additional main tracks, switches, or passing sidings, it may take as much more lands, within the limits of its charter, in the manner provided in this chapter, as may be necessary for the proper construction, improvement, and security of the road.

(5) To construct its road upon or across any stream of water, watercourse, highway, railroad, or canal, so as not to interfere with the free use of the same, which the route of its road shall intersect, in such manner as to afford security for life and property; but the corporation shall restore the stream or watercourse, road, or highway thus intersected to its former state, or in a sufficient manner not to unnecessarily impair its usefulness or injure its franchises.

(6) To cross, intersect, join, and unite its railroad with any other railroad before constructed, at any point on its route and upon the grounds of such other railroad company, with the necessary turn-outs, sidings, switches, and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is intersected on or after May 6, 1852, by any new railroad shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid; and if the two (2) corporations can not agree upon the amount of compensation to be made therefor, or the points or manner of such crossings and connections, the same shall be ascertained and determined by commissioners, to be appointed as is provided in this chapter in respect to the taking of lands; but this section shall not affect the rights or franchises granted before May 6, 1852.

(7) To purchase lands or take them in order that it may change the line of its road, whenever a majority of the directors shall so determine, as is provided in this chapter, but no change shall vary the general route of such road.

(8) To take, transport, carry, and convey persons and property on its railroad by the force and power of steam or animals or of any mechanical power, or by any combination of them, and receive tolls or compensation therefor.

(9) To erect and maintain all necessary and convenient buildings, stations, depots, fixtures, and machinery for the accommodation and use of their passengers, freight, and business, and obtain and hold the lands necessary therefor.

(10) To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor.

(b) In all proceedings authorized by this chapter to take land for the construction of additional main tracks, switches, or passing sidings, the burden of proof shall be upon the corporation to prove in a court of competent jurisdiction its right to take such land and the necessity therefor, preliminary to assessment of damages; and in estimating damages, the damages of all persons, firms, limited liability company, or corporations shall be computed as in other cases, to which shall be added compensation for all such injuries, interruptions, and destruction to any trade, business, contract, occupation, residence, or industry involved, the expense and difficulty in obtaining a new location and in relocating such business or industry, as may not be elements of damage under any law other than this chapter; provided, that nothing contained in this chapter shall repeal, affect, or modify any powers or duties of the commission or any obligations imposed upon railroads by statute other than this chapter, nor impliedly nor expressly repeal, affect, or modify any other statute of this state.

Formerly: Acts 1852, 1RS, c.83, s.13; Acts 1911, c.82, s.1. As amended by P.L.62-1984, SEC.38; P.L.23-1988, SEC.82; P.L.8-1993, SEC.140.
Ind. Code § 8-21-9-4 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-4
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-2.2-20 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-20
Acquisition and construction contracts
Status: in_force

Sec. 20. Acquisition and Construction Contracts. A municipality or joint agency may contract for the planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of generation, distribution, or transmission facilities within or without its corporate limits or those of its members, or may contract with other public or private entities to perform these functions, without advertising for bids or securing performance and payment bonds, except to the extent that its governing body determines that these actions are desirable in furtherance of the purposes of this chapter. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.36-2017, SEC.5.
Ind. Code § 8-23-24.5-7 — Indiana Code / Title 8 / Article 23 / Chapter 24.5 / Section 8-23-24.5-7
Awarding of leases
Status: in_force

Sec. 7. The department shall award a lease under this chapter to the responsive and responsible bidder who submits the highest bid for the particular lease.

As added by P.L.182-2009(ss), SEC.281.
Ind. Code § 8-1-32.7-1 — Indiana Code / Title 8 / Article 1 / Chapter 32.7 / Section 8-1-32.7-1
"Communications service"
Status: in_force

Sec. 1. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3.

As added by P.L.79-2012, SEC.1.
Ind. Code § 8-15.7-2-19 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-19
"Revenues"
Status: in_force

Sec. 19. "Revenues" means all revenues, including any combination of:

(1) income;

(2) earnings and interest;

(3) user fees;

(4) lease payments;

(5) allocations;

(6) federal, state, and local appropriations, grants, loans, lines of credit, and credit guarantees;

(7) bond proceeds;

(8) equity investments; or

(9) other receipts;

arising out of or in connection with a qualifying project, including the development, financing, and operation of a qualifying project. The term includes money received as grants, loans, lines of credit, credit guarantees, or otherwise in aid of a qualifying project from the federal government, the state, a political subdivision, or any agency or instrumentality of the federal government, the state, or a political subdivision.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-18-20-11 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-11
Board of directors; membership; appointments; oath
Status: in_force

Sec. 11. (a) A county toll road authority is under the control of a board of directors. This board consists of five (5) directors, who shall be appointed by a majority vote of the toll road authority trustees. Each of the original directors shall serve from the date of the director's appointment until the first day of February in the second year after the director's appointment, and until a successor is appointed and has qualified.

(b) A person may be appointed as a director only if the person:

(1) is at least thirty (30) years of age;

(2) has been a resident of the county five (5) years immediately preceding the person's appointment; and

(3) is not an officer or employee of an eligible entity.

(c) Before entering upon the director's duties, each director shall take and subscribe an oath of office (in the usual form), which shall be endorsed upon the director's certificate of appointment. The certificate shall be promptly filed with the clerk of the circuit court.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-1-23-2 — Indiana Code / Title 8 / Article 1 / Chapter 23 / Section 8-1-23-2
Permits; temporary highway obstruction
Status: in_force

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, from the board of county commissioners of the county wherein such highway or highways is located, or the boards of county commissioners of adjoining counties acting together, if the obstructed or interrupted part thereof is located upon a county line or extends from one county to another.

Before such permission may be granted by any board of county commissioners, such person shall first file with each board of county commissioners from which permission is requested, a surety bond, in a sum to be fixed by and to the approval of such board of county commissioners, payable to the county, conditioned either upon the payment of any damages which such county or road may sustain or upon the proper restoration of such highway, as such county commissioners may direct.

Formerly: Acts 1947, c.151, s.2.
Ind. Code § 8-2.1-22-6 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-6
Reconsideration or rehearing
Status: in_force

Sec. 6. After a decision, order, or requirement has been made by the department in any proceeding under this chapter, any party to the proceeding may apply to the department for reconsideration or rehearing of the decision, order, or requirement, or of any matter determined in the decision, order, or requirement. The department may grant reconsideration or rehearing if there is sufficient reason in the decision, order, or requirement. Applications for reconsideration or rehearing are governed by rules prescribed by the department. If after reconsideration or rehearing, it appears that the original decision, order, or requirement is in any respect unjust and unwarranted, the department may change or modify the decision, order, or requirement accordingly. Any decision, order, or requirement made after reconsideration or rehearing is subject to the same provisions as the original decision, order, or requirement.

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-1-2-50 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-50
Compelling production of books, papers, and records; offenses
Status: in_force

Sec. 50. The commission may require, by order or subpoena to be served on any public utility in the same manner that a summons is served in a civil action in the circuit court, the production, within the state, at such time and place as it may designate, of any books, accounts, papers, or records kept by said public utility in any office or place without the state of Indiana, or verified copies in lieu thereof, if the commission shall so order, in order that an examination thereof may be made by the commission or under its direction. Any public utility failing or refusing, after reasonable written notice, to comply with any such order or subpoena shall, for each day it shall so fail or refuse, forfeit and pay into the state treasury a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).

Formerly: Acts 1913, c.76, s.53.
Ind. Code § 8-16-1-21 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-21
Bridges substantially funded by other governmental agencies; title
Status: in_force

Sec. 21. (a) Whenever the authority shall construct or acquire a bridge under authority of section 2 of this chapter, and a substantial part of the cost of such construction or acquisition is contributed by:

(1) the government of the United States or any agency thereof;

(2) another state;

(3) any agency or authority existing under the laws of any other state; or

(4) any political or municipal subdivision thereof or any public corporation thereof;

then the authority is authorized to pay the share of the entire cost of such purchase or acquisition to be borne by it or by the state of Indiana from the Indiana interstate bridge fund. Any such bridge may be operated as a free bridge without the imposition of any tolls for the use thereof and no reimbursement need be made to the fund.

(b) The authority is authorized to enter into such contracts and agreements as it may deem necessary and proper in relation to the construction or acquisition of any such bridge with:

(1) the government of the United States or any agency thereof; or

(2) any other state, state agency or authority, or political or municipal subdivision or public corporation;

which shall so contribute to the cost of the construction or acquisition of any such bridge. Title to any such bridge shall be taken in the name of the state of Indiana and it shall be maintained by the authority.

Formerly: Acts 1939, c.79, s.13d; Acts 1947, c.340, s.4. As amended by Acts 1980, P.L.74, SEC.277; P.L.109-1983, SEC.48.
Ind. Code § 8-9-6-2 — Indiana Code / Title 8 / Article 9 / Chapter 6 / Section 8-9-6-2
Repealed
Status: repealed

Formerly: Acts 1913, c.232, s.2. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-1-13-2 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-2
Incorporation; purpose
Status: in_force

Sec. 2. Any number of natural persons not less than eleven (11) may, by executing, filing and recording articles of incorporation as provided in this chapter, form a corporation not organized for pecuniary profit for the purpose of promoting and encouraging the fullest possible use of electric energy in Indiana by making electric energy available to inhabitants of rural areas of Indiana at the lowest cost consistent with sound economy and prudent management of the business of such corporations and by rendering other services to its members.

Formerly: Acts 1935, c.175, s.2; Acts 1937, c.258, s.1. As amended by P.L.136-2018, SEC.66.
Ind. Code § 8-4-16-2 — Indiana Code / Title 8 / Article 4 / Chapter 16 / Section 8-4-16-2
Joint agreement; stocks and bonds
Status: in_force

Sec. 2. Such consolidation or merger shall be made in the following manner:

(1) The directors of the companies proposing to consolidate or merge may enter into a joint agreement, under the corporate seal of each company, for the consolidation or merger of such companies, and prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new company in the case of a consolidation or of the company that is to survive in the case of a merger, the number and names of the directors and other officers thereof, and in case of a consolidation who shall be the first directors and officers of the new company and their places of residence, and either the amount of the authorized capital stock of the new or surviving company and the number and par value of the shares of which it is to consist or, if the new or surviving company is to issue shares without par value or shares of more than one (1) class, the statements required in such case by IC 8-4-1-1, and the manner of converting into the capital stock of the new or surviving company, or of otherwise disposing of, the capital stock of each company, the capital stock of which is to be so converted or disposed of, and how and when the directors shall be chosen, with such other details as they shall deem necessary to perfect such consolidation or merger; provided, however, that in case of a merger it shall not be necessary for such joint agreement to contain the provisions above specified with regard to the directors and officers and capital stock of the surviving company unless, and then only to the extent that, changes in respect to such matters are to be made by such merger agreement. Such joint agreement may also provide for the issue of shares of the capital stock of the new or surviving company in exchange for or conversion of bonds or other evidences of debt of each, all or any of the companies so consolidated or merged and may prescribe the manner, terms, and conditions of effecting such exchange or conversion. But in no case shall the capital stock, bonds, and other evidences of debt of the company formed by such consolidation or of the surviving company in case of a merger, including any shares of its capital stock issued in exchange for or conversion of bonds or other evidences of debt as herein provided, exceed the sum of the capital stock, bonds, and other evidences of debt of the companies parties to such consolidation or merger, at the par value thereof or, in the case of stock without par value, the amount of the consideration received therefor or the amount of the stated capital applicable thereto if greater than the amount of such consideration. Nor shall any bonds or other evidences of debt be issued as a consideration for such consolidation or merger. If any of the companies parties to such consolidation or merger is a corporation organized under the laws of any other state or states, or of any other state or states and this state, the joint agreement herein provided for may fix the location of the principal office of the new or surviving company in any of said states.

(2) If the holders of outstanding shares of stocks of any of the companies parties to such joint agreement representing two-thirds (2/3) (or such greater proportion as the articles of association, consolidation, or merger under which such company was formed may require) of the voting power of all the stock of such company entitled to vote thereon shall by consent in writing, acknowledged as are deeds entitled to be recorded and endorsed upon or annexed to such joint agreement, signify their assent thereto, it shall be deemed and taken as the adoption of such agreement by and on behalf of such company. If such agreement shall not be assented to in writing by stockholders of any of the companies parties thereto, as provided in this section, such agreement shall be submitted to the stockholders of such company at a meeting thereof called for the purpose of considering the same. Due notice of the time and place of holding such meeting, and the object thereof, shall be given by such company to its stockholders by written or printed notices addressed to each of the persons in whose names the capital stock of such company stands on the books thereof, and delivered to such persons respectively or sent to them by mail if their postoffice address is known to the company, at least thirty (30) days before the time of holding such meeting, and also by a general notice published at least once a week for four (4) weeks successively in some newspaper published in the city, town, or county where such company has its principal office or place of business. At such meeting of stockholders, such agreement shall be considered and a vote by ballot taken for the adoption or rejection of the same and if the votes of the holders of outstanding shares of stock of such company representing at least two-thirds (2/3) (or such greater proportion of said articles may require) of the voting power of all the stock of such company entitled to vote thereon, present and voting in person or by proxy, shall be for the adoption of such agreement, then that fact shall be certified thereon by the secretary or assistant secretary of such company, under the seal thereof. When such agreement shall have been consented to or adopted by stockholders of each of the companies parties thereto, as provided in this section, such agreement, or a certified copy thereof, shall be filed in the office of the secretary of state and shall thenceforth be deemed and taken to be the agreement and act of consolidation or merger of the companies parties thereto, and thereafter such companies shall be one (1) company by the name provided in such agreement, but such act of consolidation or merger shall not release such new or surviving company from any of the restrictions, liabilities, or duties of the several companies parties to such consolidation or merger.

Formerly: Acts 1937, c.59, s.2. As amended by P.L.62-1984, SEC.71.
Ind. Code § 8-1-17.5-25 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-25
Jurisdiction of commission
Status: in_force

Sec. 25. Notwithstanding any other law, the commission may exercise jurisdiction over a surviving corporation or successor corporation formed under this chapter only to do the following:

(1) Ensure compliance with IC 8-1-2.8 concerning the provision of dual party relay services to deaf, hard of hearing, and speech impaired persons in Indiana.

(2) Enforce rules adopted under IC 8-1-29 to ensure that a customer of a telecommunications provider is not:

(A) switched to another telecommunications provider unless the customer authorizes the switch; or

(B) billed for services by a telecommunications provider that without the customer's authorization added the services to the customer's service order.

(3) Conduct proceedings under the federal Telecommunications Act of 1996 (47 U.S.C. 151 et seq.) concerning universal service and access to telecommunications service and equipment, including the designation of eligible telecommunications carriers under 47 U.S.C. 214.

(4) Perform the commission's duties under IC 8-1-2.6-1.5 or IC 8-1-2-5.

(5) Issue or maintain certificates of territorial authority for communications service providers under IC 8-1-32.5.

(6) Perform the commission's duties under IC 8-1-34 to issue and maintain certificates of franchise authority to multichannel video programming distributors offering video service to Indiana customers.

(7) Perform the commission's duties under IC 8-1-2.6-13(c)(8) concerning the reporting of information by communications service providers.

(8) Fulfill the commission's duties under any state or federal law concerning the administration of any universally applicable dialing code for any communications service.

(9) Perform the commission's duties under IC 8-1-2.3 with respect to assigned service areas for electricity suppliers.

(10) Issue:

(A) certificates of public convenience and necessity, certificates of territorial authority, and indeterminate permits under IC 8-1-2;

(B) certificates of public convenience and necessity under IC 8-1-8.5; or

(C) certificates of public convenience and necessity under IC 8-1-8.7.

(11) Determine territorial disputes between water utilities under IC 8-1.5-6.

As added by P.L.18-2010, SEC.1. Amended by P.L.219-2011, SEC.2; P.L.109-2012, SEC.11; P.L.256-2013, SEC.13; P.L.213-2014, SEC.5; P.L.156-2017, SEC.3; P.L.73-2020, SEC.3; P.L.214-2025, SEC.4.
Ind. Code § 8-4-20-2 — Indiana Code / Title 8 / Article 4 / Chapter 20 / Section 8-4-20-2
Ratification
Status: in_force

Sec. 2. All contracts heretofore made in good faith between railroad companies organized under the laws of this state, acting by their respective boards of directors, by which the locomotives and trains of one (1) railroad company, for the transportation of freight and passengers, are to be run and operated over the track and road of another railroad company, are hereby ratified and made legal.

Formerly: Acts 1873, c.77, s.2.
Ind. Code § 8-3-2-13 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-13
Repealed
Status: repealed

Formerly: Acts 1907, c.231, s.13. As amended by P.L.62-1984, SEC.23. Repealed by P.L.384-1987(ss), SEC.95.
Ind. Code § 8-4-1-35 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-35
Stockholders; personal liability for labor
Status: in_force

Sec. 35. The stockholders shall be individually liable to laborers, their executors, administrators and assigns for all labor done in the construction of said road and shall remain unpaid after the assets of the corporation shall have been exhausted.

Formerly: Acts 1852, 1RS, c.83, s.38; Acts 1865(ss), c.25, s.1.
Ind. Code § 8-22-2-9 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-9
Establishment of restricted zones; approaches to airport; zoning jurisdiction
Status: in_force

Sec. 9. (a) In order to provide free air space for the safe descent and ascent of aircraft and for the proper and safe use of an airport or landing field acquired or maintained under this chapter, the board may, subject to approval and adoption by the fiscal body of the eligible entity, establish and fix a restricted zone or zones for a distance in any direction from the boundaries of the airport or landing field so that no building or other structure is erected high enough to interfere with the descent of an aircraft at the gliding angle necessary for safety for the usual type of operation that is conducted at the airport or landing field. The board may, in the name of the entity, acquire by condemnation, upon the payment of due compensation as provided in this chapter, the right to prevent the erection of, and to require the removal of, all buildings, towers, poles, wires, cables, other structures, and trees within the zone or zones which interfere with the gliding angle or as much of any structure or trees that interferes with the gliding angle. When so condemned a permit issued by a department or office of the entity or by any state or other authority for the erection of any structure inside the zone or zones is effective only if approved by the board.

(b) Establishment of a restricted zone or zones outside of an airport or landing field in connection with the condemnation of rights in the land constitutes condemnation and the perpetual annihilation of all rights of the owners of the property within the zone or zones to erect or maintain any building or structure that will interfere with the gliding angle. This result may also be accomplished by absolute condemnation of the land, with perpetual and irrevocable free license to use and occupy the land within the zone for all purposes except the erection of buildings or other structures above the height prescribed.

(c) The jurisdiction of each eligible entity is extended to the promulgation, administering, and enforcement of airport zoning regulations to protect the approaches of an airport that is owned by the entity but located wholly or partially outside the corporate limits of the entity. In case of conflict with any airport zoning or other regulations promulgated by an entity, the regulations adopted under this section prevail.

(d) The zoning jurisdiction granted in this section is exclusive against jurisdiction granted by any other statute unless any other statute specifically provides otherwise.

(e) All airport zoning regulations adopted under this chapter must be reasonable and may not impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations to adopt, each eligible entity and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable.

[Pre-Local Government Recodification Citation: 19-6-1-10.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-45-5 — Indiana Code / Title 8 / Article 1 / Chapter 45 / Section 8-1-45-5
"MISO"
Status: in_force

Sec. 5. As used in this chapter, "MISO" refers to the regional transmission organization known as the Midcontinent Independent System Operator, Inc.

As added by P.L.49-2025, SEC.1.
Ind. Code § 8-23-32-12 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-12
Annual calibration check
Status: in_force

Sec. 12. (a) A worksite speed control system must undergo an annual calibration check performed by an independent calibration laboratory.

(b) The independent calibration laboratory performing the annual calibration check required under subsection (a) shall issue a certificate of calibration to the department for the worksite speed control system as proof that:

(1) the annual calibration check was performed; and

(2) the worksite speed control system is accurately calibrated.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-22-3.7-25 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-25
Supplemental nature of chapter
Status: in_force

Sec. 25. This chapter is supplemental to other statutes and does not supersede any other provisions of the Indiana Code.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-1-39-13 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-13
Determination of pretax return
Status: in_force

Sec. 13. (a) For purposes of calculating the TDSIC costs of a public utility, the commission shall determine an appropriate pretax return for the public utility. In determining the appropriate pretax return, the commission may consider the following factors:

(1) The current state and federal income tax rates.

(2) The public utility's capital structure.

(3) The actual cost rates for the public utility's long term debt and preferred stock.

(4) The public utility's cost of common equity determined by the commission in the public utility's most recent general rate proceeding.

(5) Other information that the commission determines is necessary.

(b) The commission shall adjust a public utility's authorized return for purposes of IC 8-1-2-42(d)(3) or IC 8-1-2-42(g)(3) to reflect incremental earnings from an approved TDSIC.

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-20-1-65 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-65
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.74. Repealed by Acts 1981, P.L.57, SEC.45.
Ind. Code § 8-15-3-20 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-20
Expenditures or loans for public improvements
Status: in_force

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.13.
Ind. Code § 8-1-22.6-1 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-1
Application
Status: in_force

Sec. 1. (a) This chapter applies to the construction of any segment of an interstate pipeline on privately owned land in Indiana.

(b) Except as otherwise provided in the guidelines adopted by the division, this chapter does not apply to construction activities that occur entirely on:

(1) a public right-of-way;

(2) a railroad right-of-way; or

(3) publicly owned land.

As added by P.L.110-2007, SEC.1.
Ind. Code § 8-1-17.5-26 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-26
Right to appeal
Status: in_force

Sec. 26. Any person adversely affected by any final decision, ruling, or order of:

(1) the commission; or

(2) a court with jurisdiction;

under this chapter may appeal the decision, ruling, or order under the same appeal procedures set forth in IC 8-1-3.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-23-17-34 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-34
Waiver of eminent domain power; notice to property owner
Status: in_force

Sec. 34. This chapter is not applicable to the purchase of a parcel of real property by an agency if the agency head gives notice in writing to the owner of the property not later than the date of its first offer to purchase the property that the agency will not exercise a right it may have to acquire the property through exercise of the power of eminent domain. Proceedings in eminent domain may not thereafter be instituted by the agency with respect to the real property unless the notice is expressly revoked in writing. If the notice is revoked, the provisions of this chapter are applicable as if the agency had not given notice under this section.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-18-22-3 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-3
Bond issues; purposes; notice and hearing; multiple projects funded by single issue
Status: in_force

Sec. 3. (a) Upon request of the county executive, the county fiscal body may borrow money and issue bonds in the name of the county in principal amounts and maturities as the fiscal body determines necessary to provide sufficient funds for the purposes specified in IC 8-16 through IC 8-20, including:

(1) the payment of costs of the project for which bonds are authorized, costs of issuance, or related costs of financing;

(2) the payment of interest on the bonds;

(3) the establishment of reserves to secure the bonds; and

(4) all other expenditures of the county incident to, necessary, and convenient to carry out this chapter.

(b) Before bonds may be issued under this chapter, the county fiscal body shall give notice of a public hearing to disclose the purpose for which the bond issue is proposed, the amount of the proposed issue, and other pertinent data. The county fiscal body shall publish in accordance with IC 5-3-1 a notice of the time, place, and general purpose of the hearing.

(c) The costs of more than one (1) project may be included in one (1) issue of bonds.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-23-1.1-7 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-7
"Arterial street"
Status: in_force

Sec. 7. "Arterial street" means a street designed primarily for through traffic, usually on a continuous route.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-16-1-7 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-7
Preexisting ferry operations
Status: in_force

Sec. 7. (a) Prior to the opening for public use of any bridge, the construction of which is authorized by this chapter, the authority shall:

(1) purchase the ferry, equipment, franchises, rights, and privileges used in connection with the operation of any ferry which has been in continuous operation for at least fifteen (15) years prior thereto and which is located within two (2) miles of the site of said bridge; and

(2) pay the owner therefor a fair cash value.

(b) In the event the authority and the owner of such ferry shall be unable to agree upon a fair cash value, the valuation of such property shall be determined in the manner provided by law for the condemnation of property for appropriate county purposes by counties. In the event the owner of such ferry shall not agree to the establishment of such valuation according to the method specified in this subsection, then in such event, the authority shall not be required to purchase such assets from the owner of the ferry.

Formerly: Acts 1939, c.79, s.6a; Acts 1957, c.192, s.1. As amended by Acts 1980, P.L.74, SEC.265; P.L.109-1983, SEC.36.
Ind. Code § 8-1-31.7-17 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-17
Adjustment amount calculation and reconciliation procedures
Status: in_force

Sec. 17. An adjustment amount proposed under section 12 of this chapter may be calculated based on a reasonable estimate of equivalent meters in the period in which the charge will be in effect. At the end of each twelve (12) month period following the date on which the commission initially approves an adjustment amount for an eligible utility following the eligible utility's most recent general rate case, the eligible utility, using procedures approved by the commission, shall reconcile the difference between revenues under the adjustment rider and service enhancement improvement costs during that period and recover or refund the difference, as appropriate, through additional adjustments to the adjustment rider.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-2.1-24-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-1
Applicability of chapter
Status: in_force

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 described in subsection (a).

(2) Except as provided in section 18(j) of this chapter, a private carrier of persons or property, or both.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.11; P.L.9-2010, SEC.1.
Ind. Code § 8-1-11.1-23 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-23
Temporary loans authorized
Status: in_force

Sec. 23. For the purpose of providing necessary funds with which to pay the cost of acquiring any utility property, or paying off any indebtedness of or upon any utility property, so acquired, or to pay for interim costs of construction prior to long term financing, including the costs of any betterments, improvements, additions or extensions, or to pay the expenses of operation of any such utility property the board of directors for utilities may also make temporary loans, which shall mature within one (1) year from date of issuance, in the form of certificates of indebtedness, which shall be a charge solely against the income and revenue of the utility, or upon the proceeds of revenue obligations to be issued, or any combination thereof.

[Pre-Local Government Recodification Citation: 19-3-24-23.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-15.5-1-3 — Indiana Code / Title 8 / Article 15.5 / Chapter 1 / Section 8-15.5-1-3
Findings by general assembly
Status: in_force

Sec. 3. The general assembly finds and determines that:

(1) the state has limited resources to fund the maintenance and expansion of the state transportation system, including toll roads, or the maintenance and expansion of other facilities used by the state or other governmental entities, and therefore alternative funding sources should be developed to supplement public revenue sources;

(2) the Indiana finance authority should be authorized to solicit, evaluate, negotiate, and administer agreements with the private sector for the purposes described in subdivision (1);

(3) it is necessary to serve the public interest and to provide for the public welfare by adopting this article for the purposes described in this article;

(4) public-private agreements entered into by private entities and the Indiana finance authority under this article should allow for:

(A) transparency, oversight, and public information sharing;

(B) compliance with all state and federal environmental laws; and

(C) fairness for local jurisdictions when negotiating the public-private agreements.

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.5; P.L.213-2015, SEC.104.
Ind. Code § 8-1-32.3-1 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-1
"Antenna"
Status: in_force

Sec. 1. As used in this chapter, "antenna" means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-4-2-5 — Indiana Code / Title 8 / Article 4 / Chapter 2 / Section 8-4-2-5
Defending shareholders; payment; resubmission of proposed amendment
Status: in_force

Sec. 5. (a) If any shareholder of any such corporation who did not vote in favor of such amendment at the meeting at which the amendment was adopted by the shareholders of such corporation, shall, at any time within thirty (30) days after such adoption of the amendment by such shareholders, object thereto in writing and demand payment of the value of his shares, the corporation shall, in the event that the amendment shall be made effective, and in the event that the amendment is of such a nature that its adoption without his consent and without giving him a remedy would unconstitutionally deprive him of rights, pay to such shareholder, upon surrender of his certificates therefor, the value of such shares on March 9, 1939, which shall be the date the certificate required in section 4 of this chapter, shall be filed in the office of the secretary of state. If before April 9, 1939, the value of such shares is agreed upon between the shareholder and the corporation, as the case may be, payment therefor shall be made before June 8, 1939. If, before April 9, 1939, the corporation and the shareholder do not so agree, either such corporation or the shareholder may, before June 8, 1939, petition the circuit or superior court of the county in which the principal office of the corporation is located, to appraise the value of such shares; and payment of the appraised value thereof shall be made within sixty (60) days after the entry of the judgment or order finding such appraised value. The practice, procedure, and judgment in the circuit or superior court upon such petition shall be the same, so far as practicable, as that under the eminent domain statutes in this state.

(b) Upon March 9, 1939, any shareholder who has made such objection and demand shall cease to be a shareholder and shall have no rights with respect to such shares except the right to receive payment therefor. Every shareholder who did not vote in favor of such amendment and who does not object in writing and demand payment of the value of his shares at the time and in the manner aforesaid, shall be conclusively presumed to have assented to such amendment, if he does not within six (6) months thereafter, in a court of competent jurisdiction, question such action.

(c) After April 8, 1939, the board of directors of the railroad company may, in its discretion, resubmit the amendment, or any other amendment, to a meeting of the stockholders of said company, in the same manner as is provided in sections 1 and 2 of this chapter, before filing in the office of the secretary of state the certificate provided in section 4 of this chapter, and shall file such certificate only upon receiving again the affirmative vote required in section 4 of this chapter.

Formerly: Acts 1933, c.101, s.4a; Acts 1939, c.65, s.4. As amended by P.L.62-1984, SEC.45.
Ind. Code § 8-6-3-1 — Indiana Code / Title 8 / Article 6 / Chapter 3 / Section 8-6-3-1
Percentage allocation; railroads and public entities
Status: in_force

Sec. 1. (a) Whenever the separation of grades at the intersection of a railroad or railroads (as defined in IC 8-3-1-2) and a public street or highway is constructed, the railroad or railroads shall pay five (5) percent of the cost of the grade separation as provided in this chapter.

(b) This chapter shall apply to an existing crossing, a new crossing, or the reconstruction of an existing grade separation.

(c) If more than one (1) railroad (as defined in IC 8-3-1-2) is involved in a separation, the railroads involved shall divide the amount to be paid by the railroads by agreement between the railroads. If the railroads fail to agree, the circuit court, superior court, or probate court of the county in which the crossing is located shall have jurisdiction, upon the application of a party, to determine the division of the amount to be paid by the railroads. The decision of the court is final, unless one (1) or more parties deeming themselves aggrieved by the decision of the court shall appeal therefrom to the court of appeals of Indiana within thirty (30) days, or within additional time not exceeding ninety (90) days, as may be granted by the court. The appeal shall be taken in substantially the same manner as an appeal in a civil case from the circuit court, superior court, or probate court.

(d) If a grade separation shall involve a state highway that is a part of the state highway system of Indiana, or a street or highway selected by the Indiana department of transportation as a route of a highway in the state highway system, the state, out of the funds of the Indiana department of transportation or funds appropriated for the use of the Indiana department of transportation, shall pay ninety-five percent (95%) of the cost of the grade separation.

(e) Before the Indiana department of transportation shall proceed with a grade separation within a city or town, the Indiana department of transportation shall first obtain the consent of the city, by a resolution adopted by the board or officials of the city having jurisdiction over improvement of the streets of the city, and any material modification of the plans upon which the consent was granted shall first be approved by the city by a similar resolution.

(f) If such grade separation is on a highway or street not a part of the highways under the jurisdiction of the Indiana department of transportation, or a part of a route selected by it, but is within any city or town of the state, the city or town shall pay one-half (1/2) of ninety-five percent (95%) of the total of such cost and the county in which the crossing is located shall be liable for and pay one-half (1/2) of the ninety-five percent (95%).

(g) If a grade separation that involves a state highway that is a part of the state highway system of Indiana, or a street or highway selected by the Indiana department of transportation as a route of a highway in the state highway system, necessitates the grade separation on other highways or streets, not a part of the highways under the jurisdiction of the Indiana department of transportation but within any city of the state of Indiana, then of the total cost of the grade separation on a highway or street not under the jurisdiction of the Indiana department of transportation but necessitated by the grade separation involving a highway or street which is a part of the state highway system, the city shall pay one-fourth (1/4) of ninety-five percent (95%) and the county in which the crossing is located shall be liable for and pay one-fourth (1/4) of the ninety-five percent (95%) of the total of the costs and the state out of the funds of the Indiana department of transportation or funds appropriated for the use of the Indiana department of transportation, shall be liable for and pay one-half (1/2) of the remaining portion.

(h) If a crossing is not within any city or town and does not involve a highway under the jurisdiction of the Indiana department of transportation, then the county in which the crossing is located shall pay the ninety-five percent (95%) of the total cost which is not paid by the railroad or railroads.

(i) The division of the cost of grade separation applies when the grade separation replaces and eliminates an existing grade crossing at which active warning devices are in place or ordered to be installed by a state regulatory agency, but when the grade separation does not replace nor eliminate an existing grade crossing the state, county or municipality, as the case may be, shall bear and pay one hundred percent (100%) of the cost of the grade separation.

(j) In estimating and computing the cost of the grade separation, there shall be considered as a part of costs all expenses reasonably necessary for preliminary engineering, rights-of-way and all work required to comply with the plans and specifications for the work, including all changes in the highway and the grade thereof and the approaches to the grade separation, as well as all changes in the roadbed, grade, rails, ties, bridges, buildings, and other structural changes in a railroad as may be necessary to effect the grade separation and to restore the railroad facilities aforesaid to substantially the same condition as before the separation.

(k) The required railroad share of the cost shall be based on the costs for preliminary engineering, right-of-way, and construction within the limits described below:

(1) Where a grade crossing is eliminated by grade separation, the structure and approaches for the number of lanes on the existing highway and in accordance with the current design standards of the governmental entity having jurisdiction over the highway involved.

(2) Where another facility, such as a highway or waterway, requiring a bridge structure is located within the limits of a grade separation project, the estimated cost of a theoretical structure and approaches as described under subdivision (1) to eliminate the railroad-highway grade crossing without considering the presence of the waterway or other highway.

(3) Where a grade crossing is eliminated by railroad or highway relocation, the actual cost of the relocation project, or the estimated cost of a structure and approaches as described under subdivision (1), whichever is less.

(l) If the Indiana department of transportation or any city, town, or county is unable to reach an agreement with a railroad company after determining that construction or reconstruction of a grade separation, which replaces or eliminates the need for a grade crossing, is necessary to protect travelers on the roads and streets of the state, the appropriate unit or combination of units of government shall give a written notice of its intention to proceed with the construction or reconstruction of a grade separation to the superintendent or regional engineer of the railroad company. The notice of intention shall be made by the adoption of a resolution stating the need for the grade separation. If, after thirty (30) days, the railroad has not agreed to a division of inspections, plans and specifications, the number and type of jobs to be completed by each agency, a division of costs, and other necessary conditions, the Indiana department of transportation, city, town, or county may proceed with the grade separation exercising any and all of its powers to construct or reconstruct a bridge and, notwithstanding other provisions of this chapter, may pay for up to one hundred percent (100%) of the cost of the project. If the railroad is unable, for good cause, to pay the share of the cost required by this section, the city, town, or county may certify the amount owed by the railroad to the county auditor who shall prepare a special tax duplicate to be collected and settled for by the county treasurer in the same manner and at the same time as property taxes are collected. However, before the Indiana department of transportation, city, town, or county undertakes to do the work themselves they shall notify an agent of the railroad as to the time and place of the work.

Formerly: Acts 1939, c.41, s.1; Acts 1975, P.L.82, SEC.1. As amended by Acts 1976, P.L.27, SEC.1; Acts 1980, P.L.74, SEC.63; P.L.18-1990, SEC.71; P.L.146-2008, SEC.361; P.L.84-2016, SEC.48.
Ind. Code § 8-20-8-2 — Indiana Code / Title 8 / Article 20 / Chapter 8 / Section 8-20-8-2
Petition to close road
Status: in_force

Sec. 2. Any person controlling the use of land contiguous to a road may file a petition with the executive to close the road under this chapter.

As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988, SEC.221.
Ind. Code § 8-1-8.5-2.1 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-2.1
Retirement, sale, or transfer of electric generation facility; notice; commission consideration and investigation; recovery of accelerated depreciation
Status: in_force

Sec. 2.1. (a) This section does not apply to the retirement, sale, or transfer of:

(1) a public utility's electric generation facility if the retirement, sale, or transfer is necessary in order for the public utility to comply with a federal consent decree; or

(2) an electric generation facility that generates electricity for sale exclusively to the wholesale market.

(b) A public utility shall notify the commission if:

(1) the public utility intends or decides to retire, sell, or transfer an electric generation facility with a capacity of at least eighty (80) megawatts; and

(2) the retirement, sale, or transfer:

(A) was not set forth in; or

(B) is to take place on a date earlier than the date specified in;

the public utility's short term action plan in the public utility's most recently filed integrated resource plan.

(c) Upon receiving notice from a public utility under subsection (b), the commission shall consider and may investigate, under IC 8-1-2-58 through IC 8-1-2-60, the public utility's intention or decision to retire, sell, or transfer the electric generation facility. In considering the public utility's intention or decision under this subsection, the commission shall examine the impact the retirement, sale, or transfer would have on the public utility's ability to meet:

(1) the public utility's planning reserve margin requirements or other federal reliability requirements that the public utility is obligated to meet, as described in section 13(n)(6) of this chapter; and

(2) the reliability adequacy metrics set forth in section 13(h) of this chapter.

(d) Before July 1, 2026, if:

(1) a public utility intends or decides to retire, sell, or transfer an electric generation facility with a capacity of at least eighty (80) megawatts; and

(2) the retirement, sale, or transfer:

(A) was not set forth in; or

(B) is to take place on a date earlier than the date specified in;

the public utility's short term action plan in the public utility's most recently filed integrated resource plan;

the commission shall not permit the public utility's depreciation rates, as established under IC 8-1-2-19, to be amended to reflect the accelerated date for the retirement, sale, or transfer of the electric generation asset unless the commission finds that such an adjustment is necessary to ensure the ability of the public utility to provide reliable service to its customers, and that the unamended depreciation rates would cause an unjust and unreasonable impact on the public utility and its ratepayers.

(e) The commission may issue a general administrative order to implement this section.

(f) This section expires July 1, 2026.

As added by P.L.2-2023, SEC.6. Amended by P.L.1-2025, SEC.116; P.L.217-2025, SEC.3.
Ind. Code § 8-1-34-28 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-28
Discrimination based on income prohibited; use of alternative technology; petition for equitable relief; order by commission; right to appeal
Status: in_force

Sec. 28. (a) This section applies to the following:

(1) A provider that holds a certificate issued by the commission under this chapter.

(2) A provider that provides video service under a local franchise, as permitted under section 21(b)(1) of this chapter.

(b) Subject to section 17(b) of this chapter, a provider may not deny access to video service to any group of potential residential subscribers based on the income level of the residents in the local area in which the group resides. However, a provider:

(1) shall have a reasonable time to become capable of providing video service to all households within a service area included in the provider's franchise; and

(2) may satisfy the requirements of this subsection through the use of an alternative technology that:

(A) offers content, service, and functionality comparable to that provided through the provider's video service system, as determined by the commission; and

(B) may include a technology that does not require the use of any public right-of-way.

(c) For purposes of this subsection, an "affected person" includes the following:

(1) A potential subscriber of video service from a provider.

(2) A local unit in which a person described in subdivision (1) resides, acting on behalf of the person or other similarly situated persons.

An affected person that alleges a violation of subsection (b) by a provider may petition the commission for equitable relief. Not later than forty-five (45) days after receiving a petition under this subsection, the commission shall, after notice and an opportunity for hearing, make a determination as to whether a violation of subsection (b) has occurred.

(d) If, after holding any hearing requested in the matter, the commission determines that no violation of subsection (b) has occurred, the commission's decision is final, subject to the petitioner's right to appeal the decision in a court having jurisdiction. If the commission determines that a violation of subsection (b) has occurred, the commission may issue an order requiring the provider to offer video service to those persons to whom access to the provider's video service has been denied. An order of the commission under this subsection must specify the following:

(1) A date by which the provider must offer video service to those persons to whom access has been denied as a result of the provider's violation. In specifying a date under this subdivision, the commission shall allow the provider a reasonable time to become capable of providing the required video service to the affected households.

(2) Any alternative technology described in subsection (b)(2) that the commission approves for use by the provider in making video service available to the affected households.

Except as provided in subsection (e), an order of the commission under this subsection is final.

(e) A provider may appeal:

(1) a determination by the commission under subsection (d) that a violation of subsection (b) has occurred; or

(2) any findings or requirements of the order issued in connection with the commission's finding of a violation;

in a court having jurisdiction.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-4-21-1 — Indiana Code / Title 8 / Article 4 / Chapter 21 / Section 8-4-21-1
Consent of stockholders
Status: in_force

Sec. 1. No such sale and purchase or lease shall be perfected until a meeting of the stockholders of each of the companies has been called for that purpose as hereinbefore provided, and the holders of at least two-thirds (2/3) of stock of each company in person or by proxy, at such meeting, assent thereto.

Formerly: Acts 1913, c.169, s.2.
Ind. Code § 8-1-29.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 29.5 / Section 8-1-29.5-5
"Customer"
Status: in_force

Sec. 5. As used in this chapter, "customer", with respect to a provider, refers to either of the following:

(1) A residential customer.

(2) A business customer.

As added by P.L.27-2006, SEC.53.
Ind. Code § 8-19-4-2 — Indiana Code / Title 8 / Article 19 / Chapter 4 / Section 8-19-4-2
Approval and construction
Status: in_force

Sec. 2. After approval, the petitioners, at their own expense and under the direction of the county highway supervisor, shall improve the highway according to the plans, specifications, and survey.

Formerly: Acts 1937, c.183, s.2. As amended by P.L.86-1988, SEC.162.
Ind. Code § 8-1-46.1-23 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-23
Grease hauler requirements
Status: in_force

Sec. 23. A grease hauler shall do the following:

(1) Take before and after time stamped photographs of each service of a regulated entity.

(2) Maintain the time stamped photographs and share the time stamped photographs with the Indiana department of environmental management and regulating authority if requested by the Indiana department of environmental management or regulating authority.

(3) Maintain records showing that the total volume of FOG pumped from a regulated entity matches the total disposed of by the grease hauler.

(4) Provide documentation or an invoice to a regulated entity after service is completed with the following information:

(A) The date of the haul.

(B) The volume of FOG removed.

(C) The grease hauler's name.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-1-29.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 29.5 / Section 8-1-29.5-3
"Certificate holder"
Status: in_force

Sec. 3. As used in this chapter, "certificate holder" refers to a person holding a certificate of franchise authority issued under IC 8-1-34-17.

As added by P.L.27-2006, SEC.53.
Ind. Code § 8-1-2-4.1 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-4.1
Public water or wastewater utilities; changes in federal or state income tax rate; petition to commission for surcharge
Status: in_force

Sec. 4.1. (a) As used in this section, "water or wastewater utility" means a public utility (as defined in section 1(a) of this chapter) that provides water or wastewater service to the public.

(b) Except as provided in subsection (h), not later than sixty (60) days after the effective date of a change in the applicable federal or state income tax rate as a result of new legislation, a water or wastewater utility shall petition the commission for a water or wastewater utility surcharge that adjusts the water or wastewater utility's rates and charges to provide recovery for the change in the federal or state income tax rate, independent of any other matters related to the water or wastewater utility's revenue requirement. A surcharge approved under this section shall operate on a prospective basis.

(c) A surcharge under this section:

(1) applies to each rate or charge in effect at the time of the petition;

(2) shall be calculated to reflect the difference between:

(A) the amount of federal or state income taxes that each existing rate or charge was designed to recover based on the income tax rate in effect at the time the rate or charge was approved; and

(B) the amount of federal or state income taxes that would have been embedded in the given rate or charge had the new income tax rate resulting from the new legislation been in effect at the time of approval; and

(3) shall not include normalization of a water or wastewater utility's accumulated deferred income taxes. However, the commission may address the issues described in this subdivision in a sub-docket created by the commission.

(d) The commission shall approve a surcharge under this section if the commission finds that:

(1) the surcharge has been calculated correctly under subsection (c); and

(2) the water or wastewater utility's proposal is just and reasonable.

(e) Beginning on the effective date of the new legislation, and pending approval of a petition filed under this section, a water or wastewater utility is authorized to use regulatory accounting for all calculated differences described in subsection (c)(2).

(f) This section shall not be construed to limit the commission's authority to:

(1) initiate proceedings; or

(2) take actions;

to ensure just and reasonable rates in connection with any new legislation.

(g) A petition filed under this section is not considered a petition for a general increase in rates and charges.

(h) A water or wastewater utility that serves fewer than eight thousand (8,000) customers may, but is not required to, file a petition under subsection (b).

As added by P.L.120-2021, SEC.2.
Ind. Code § 8-1-2-126 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-126
Electrical power generated outside the United States
Status: in_force

Sec. 126. A public utility or municipally owned utility may not purchase or transmit any electrical power generated in a country outside of the borders of the United States, unless the commission determines that the purchase or transmission is necessary for the health and welfare of the citizens of Indiana.

As added by P.L.119-1987, SEC.1.
Ind. Code § 8-14-9-11 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-11
Bonds; disclaimer; revenues for payment
Status: in_force

Sec. 11. The face of each bond shall include a statement that the bond does not constitute a corporate obligation or indebtedness of the qualified county and that the bond principal and interest are payable only out of the revenues of the local county road and bridge district.

As added by Acts 1981, P.L.88, SEC.13.
Ind. Code § 8-1-2-6 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-6
Valuation of property
Status: in_force

Sec. 6. (a) The commission shall value all property of every public utility actually used and useful for the convenience of the public at its fair value, giving such consideration as it deems appropriate in each case to all bases of valuation which may be presented or which the commission is authorized to consider by the following provisions of this section. As one of the elements in such valuation the commission shall give weight to the reasonable cost of bringing the property to its then state of efficiency. In making such valuation, the commission may avail itself of any information in possession of the department of local government finance or of any local authorities. The commission may accept any valuation of the physical property made by the interstate commerce commission of any public utility subject to the provisions of this act.

(b) The lands of such public utility shall not be valued at a greater amount than the assessed value of said lands exclusive of improvements as valued for taxation. In making such valuation no account shall be taken of presumptive value resting on natural resources independent of any structures in relation thereto, the natural resource itself shall be viewed as the public's property. No account shall be taken of good will for presumptive values growing out of the operation of any utility as a going concern, all such values to rest with the municipality by reason of the special and exclusive grants given such utility enterprises. Except in a proceeding under IC 8-1-30, and except as provided in IC 8-1-30.3-5 and IC 8-1.5-2-6.1, no account shall be taken of construction costs unless such costs were actually incurred and paid as part of the cost entering into the construction of the utility. Except in a proceeding under IC 8-1-30, and except as provided in IC 8-1-30.3-5 and IC 8-1.5-2-6.1, all public utility valuations shall be based upon tangible property, that is, such property as has value by reason of construction costs, either in materials purchased or in assembling of materials into structures by the labor of workers and the services of superintendents, including engineers, legal and court costs, accounting systems and transportation costs, and also including insurance and interest charges on capital accounts during the construction period. As an element in determining value the commission may also take into account reproduction costs at current prices, less depreciation, based on the items set forth in the last sentence hereof and shall not include good will, going value, or natural resources.

(c) In determining the amount of allowable operating expenses of a utility, the commission may not take into consideration or approve any expense for institutional or image building advertising, charitable contributions, or political contributions.

Formerly: Acts 1913, c.76, s.9; Acts 1933, c.190, s.4; Acts 1947, c.307, s.1. As amended by Acts 1979, P.L.85, SEC.1; P.L.90-2002, SEC.309; P.L.98-2016, SEC.1; P.L.9-2024, SEC.280.
Ind. Code § 8-1-7.9-4 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-4
"Commission"
Status: in_force

Sec. 4. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-21-12-9 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-9
"Local entity"
Status: in_force

Sec. 9. As used in this chapter, "local entity" means a county, city, town, or other municipal corporation (as defined in IC 36-1-2-10).

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-1.5-6-9 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-9
Enforcement of regulatory ordinance in absence of wholesale sewage petition
Status: in_force

Sec. 9. (a) This section applies if:

(1) a municipality adopts a regulatory ordinance after December 31, 2012; and

(2) a utility owned by the municipality does not, or is not eligible to, file a wholesale sewage petition.

(b) A municipality may not enforce a regulatory ordinance until the commission issues an order under subsection (c). The municipality shall petition the commission for approval of the regulatory ordinance. The petition must include the following:

(1) A description of the service territory established in the regulatory ordinance.

(2) Proposed rates and charges for the services to be provided in the service territory.

(3) A list of any administrative or judicial proceedings involving the regulatory ordinance.

(4) A list of any utilities actually or potentially affected by the regulatory ordinance.

(c) After notice and hearing, the commission shall issue an order resolving all issues presented in the petition described in subsection (b), including the enforceability of the regulatory ordinance in the manner that the commission determines is in the public interest. In making a determination of the public interest, the commission shall consider the factors set forth in section 8(g) of this chapter. The commission shall issue the order within three hundred (300) days after the petition described in subsection (b) is filed.

(d) If the commission does not approve the petition, the municipality may modify and resubmit the petition in the manner prescribed by the commission. After notice and hearing, the commission shall review the petition as set forth in subsection (c). If the commission does not approve the resubmitted petition, the regulatory ordinance is void.

(e) The municipality may petition the commission to rescind or modify an order issued under subsection (c) not earlier than five (5) years after the date on which the order was issued.

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-22-3.5-9 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-9
Allocation of tax proceeds; notice to county auditor and other officers; valuation of property
Status: in_force

Sec. 9. (a) As used in this section, "base assessed value" means, subject to subsection (k):

(1) the net assessed value of all the tangible property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the commission's resolution adopted under section 5 or 9.5 of this chapter, notwithstanding the date of the final action taken under section 6 of this chapter; plus

(2) to the extent it is not included in subdivision (1), the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, within the airport development zone, as finally determined for the current assessment date.

However, subdivision (2) applies only to an airport development zone established after June 30, 1997, and the portion of an airport development zone established before June 30, 1997, that is added to an existing airport development zone.

(b) A resolution adopted under section 5 of this chapter and confirmed under section 6 of this chapter must include a provision with respect to the allocation and distribution of property taxes for the purposes and in the manner provided in this section.

(c) The allocation provision must:

(1) apply to the entire airport development zone; and

(2) require that any property tax on taxable tangible property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes in the airport development zone be allocated and distributed as provided in subsections (d) and (e).

(d) Except as otherwise provided in this section:

(1) the proceeds of the taxes attributable to the lesser of:

(A) the assessed value of the tangible property for the assessment date with respect to which the allocation and distribution is made; or

(B) the base assessed value;

shall be allocated and, when collected, paid into the funds of the respective taxing units; and

(2) the excess of the proceeds of the property taxes imposed for the assessment date with respect to which the allocation and distribution are made that are attributable to taxes imposed after being approved by the voters in a referendum or local public question conducted after April 30, 2010, not otherwise included in subdivision (1) shall be allocated to and, when collected, paid into the funds of the taxing unit for which the referendum or local public question was conducted.

(e) All of the property tax proceeds in excess of those described in subsection (d) shall be allocated to the eligible entity for the airport development zone and, when collected, paid into special funds as follows:

(1) The commission may determine that a portion of tax proceeds shall be allocated to a training grant fund to be expended by the commission without appropriation solely for the purpose of reimbursing training expenses incurred by public or private entities in the training of employees for the qualified airport development project.

(2) The commission may determine that a portion of tax proceeds shall be allocated to a debt service fund and dedicated to the payment of principal and interest on revenue bonds or a loan contract of the board of aviation commissioners or airport authority for a qualified airport development project, to the payment of leases for a qualified airport development project, or to the payment of principal and interest on bonds issued by an eligible entity to pay for qualified airport development projects in the airport development zone or serving the airport development zone.

(3) The commission may determine that a part of the tax proceeds shall be allocated to a project fund and used to pay expenses incurred by the commission for a qualified airport development project that is in the airport development zone or is serving the airport development zone.

(4) Except as provided in subsection (f), all remaining tax proceeds after allocations are made under subdivisions (1), (2), and (3) shall be allocated to a project fund and dedicated to the reimbursement of expenditures made by the commission for a qualified airport development project that is in the airport development zone or is serving the airport development zone.

(f) Before July 15 of each year, the commission shall do the following:

(1) Determine the amount, if any, by which tax proceeds allocated to the project fund in subsection (e)(3) in the following year will exceed the amount necessary to satisfy amounts required under subsection (e).

(2) Provide a written notice to the county auditor and the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that is wholly or partly located within the allocation area. The notice must:

(A) state the amount, if any, of excess tax proceeds that the commission has determined may be allocated to the respective taxing units in the manner prescribed in subsection (d)(1); or

(B) state that the commission has determined that there are no excess tax proceeds that may be allocated to the respective taxing units in the manner prescribed in subsection (d)(1).

The county auditor shall allocate to the respective taxing units the amount, if any, of excess tax proceeds determined by the commission.

(g) When money in the debt service fund and in the project fund is sufficient to pay all outstanding principal and interest (to the earliest date on which the obligations can be redeemed) on revenue bonds issued by the board of aviation commissioners or airport authority for the financing of qualified airport development projects, all lease rentals payable on leases of qualified airport development projects, and all costs and expenditures associated with all qualified airport development projects, money in the debt service fund and in the project fund in excess of those amounts shall be paid to the respective taxing units in the manner prescribed by subsection (d)(1).

(h) Property tax proceeds allocable to the debt service fund under subsection (e)(2) must, subject to subsection (g), be irrevocably pledged by the eligible entity for the purpose set forth in subsection (e)(2).

(i) Notwithstanding any other law, each assessor shall, upon petition of the commission, reassess the taxable tangible property situated upon or in, or added to, the airport development zone effective on the next assessment date after the petition.

(j) Notwithstanding any other law, the assessed value of all taxable tangible property in the airport development zone, for purposes of tax limitation, property tax replacement, and formulation of the budget, tax rate, and tax levy for each political subdivision in which the property is located is the lesser of:

(1) the assessed value of the tangible property as valued without regard to this section; or

(2) the base assessed value.

(k) If the commission confirms, or modifies and confirms, a resolution under section 6 of this chapter and the commission makes either of the filings required under section 6(c) of this chapter after the first anniversary of the effective date of the allocation provision, the auditor of the county in which the airport development zone is located shall compute the base assessed value for the allocation area using the assessment date immediately preceding the later of:

(1) the date on which the documents are filed with the county auditor; or

(2) the date on which the documents are filed with the department of local government finance.

(l) For an airport development zone established after June 30, 2024, "residential property" refers to the assessed value of property that is allocated to the one percent (1%) homestead land and improvement categories in the county tax and billing software system.

As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.8; P.L.115-1995, SEC.9; P.L.91-1997, SEC.8; P.L.255-1997(ss), SEC.8; P.L.90-2002, SEC.332; P.L.246-2005, SEC.84; P.L.124-2006, SEC.6; P.L.97-2007, SEC.2; P.L.146-2008, SEC.365; P.L.182-2009(ss), SEC.276; P.L.203-2011, SEC.3; P.L.214-2019, SEC.30; P.L.257-2019, SEC.81; P.L.156-2020, SEC.42; P.L.174-2022, SEC.50; P.L.68-2025, SEC.196; P.L.157-2026, SEC.200; P.L.157-2026, SEC.201.
Ind. Code § 8-21-10-15 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-15
Violations; offense
Status: in_force

Sec. 15. A person who violates or fails to comply with this chapter commits a Class A infraction. Each day that such a violation or failure continues constitutes a separate offense.

As added by P.L.117-1983, SEC.1.
Ind. Code § 8-1-30-1 — Indiana Code / Title 8 / Article 1 / Chapter 30 / Section 8-1-30-1
Applicability of definitions
Status: in_force

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter.

As added by P.L.145-1999, SEC.7.
Ind. Code § 8-4-7-18 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-18
Mechanic's liens; joint liability of proprietary companies
Status: in_force

Sec. 18. The proprietary companies shall be jointly liable for all debts due for labor done for such union railway company on its tracks, depots and other property that shall not be paid by such union railway company, but such liability shall not be enforceable against the said proprietary companies until the remedy against such union company shall have been exhausted, unless it is shown that said union company is insolvent.

Formerly: Acts 1885, c.20, s.18.
Ind. Code § 8-21-10-2 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Department" refers to the Indiana department of transportation.

"Noise sensitive purpose" means the use of a building or structure as a residence, school, church, child care facility, medical facility, retirement home, or nursing home.

"Permit" means a permit issued by the department under this chapter.

"Person" means any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or body politic, including any trustee, receiver, assignee, or other similar representative.

"Public-use airport" means any area, site, or location, either on land, water, or upon any building, which is specifically adapted and maintained for the landing and taking off of aircraft, and utilized or to be utilized in the interest of the public for such purposes. The term does not include:

(1) any private use airport or landing field; or

(2) any military airport solely occupied by any federal branch of government using that airport for military air purposes.

"Structure" means any object constructed or installed by man including, but not limited to, cranes, buildings, towers, smokestacks, electronic transmission or receiving towers, buildings used for a noise sensitive purpose, and antennae and overhead transmission lines.

As added by P.L.117-1983, SEC.1. Amended by P.L.18-1990, SEC.164; P.L.8-1993, SEC.150; P.L.96-1998, SEC.1; P.L.54-2002, SEC.1.
Ind. Code § 8-6-1-5 — Indiana Code / Title 8 / Article 6 / Chapter 1 / Section 8-6-1-5
Repealed
Status: repealed

Formerly: Acts 1913, c.182, s.5. As amended by P.L.62-1984, SEC.95. Repealed by P.L.384-1987(ss), SEC.95.
Ind. Code § 8-15.5-4-3 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-3
Notice of request for proposals
Status: in_force

Sec. 3. Notice of a request for proposals shall be given by publication in accordance with IC 5-3-1.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-25-5-7 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-7
Trust indentures
Status: in_force

Sec. 7. (a) The bonds may be secured by a trust indenture between the county and a bank having the power of a trust company or any trust company.

(b) The trust indenture may provide for:

(1) protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law;

(2) covenants setting forth the duties of the county fiscal body in relation to the exercise of its powers and the custody, safekeeping, and application of money related to the bond financing for which the trust indenture exists;

(3) the payment of the proceeds of the bonds and the revenue of the trustee under the trust indenture; and

(4) the method of disbursement of the proceeds of the bonds and the revenue to the trustee, with safeguards and restrictions as the county fiscal body may determine.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-32.3-18 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-18
Zoning, land use, planning, and permitting authority not affected; land use laws and ordinances apply
Status: in_force

Sec. 18. This chapter does not:

(1) affect the ability of a permit authority to exercise zoning, land use, planning, or permitting authority otherwise allowed under law, including IC 36-7, with respect to the siting of new wireless support structures; or

(2) exempt an applicant from complying with applicable laws and ordinances concerning land use.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-15.7-12-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 12 / Section 8-15.7-12-3
Powers of department with respect to claims
Status: in_force

Sec. 3. The department may pay, pursue, mediate, and settle any claim arising out of a public-private agreement.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-5-10 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-10
Dig once broadband corridor program for communications infrastructure in limited access highway rights-of-way; required installation of fiber conduit by excavators; fee for use of communications infrastructure; discrimination among entities requesting access prohibited; department to adopt rules
Status: in_force

Sec. 10. (a) The following definitions apply only throughout this section:

(1) "Communications infrastructure" includes all facilities and equipment used to provide communications service (as defined in IC 8-1-32.5-3), including fiber conduit. The term does not include a vertical structure.

(2) "Dig once program" refers to the dig once broadband corridor program required under subsection (b).

(3) "Fiber conduit" means protective conduit of a size and material that is suitable for underground installation of broadband fiber infrastructure.

(4) "Limited access highway" means any roadway that is under the jurisdiction and control of the department and that is one (1) of the following:

(A) An interstate.

(B) A toll road, tollway, or toll bridge.

(C) U.S. 30.

(D) U.S. 31.

(5) "Vertical structure" means a privately owned structure that is more than one hundred (100) feet above ground and that is used primarily for providing wireless communications service. The term includes related equipment associated with the structure, including air conditioned equipment shelters and rooms, electronic equipment, and supporting equipment.

(b) Not later than January 1, 2022, the department shall:

(1) implement a dig once broadband corridor program to manage the location, installation, and maintenance of communications infrastructure that is used for the provision of broadband services and is located within highway rights-of-way of limited access highways; and

(2) adopt policies, procedures, and standards under the dig once program for required installation of fiber conduit by a public or private entity that performs an excavation within a limited access highway right-of-way.

(c) The dig once program shall apply only to locations along or within a limited access highway right-of-way. The dig once program shall not apply to the placement of communications infrastructure that laterally crosses a roadway under the control of the department.

(d) Except as provided in subsection (e), the department shall impose a fee for the use of communications infrastructure installed and maintained under subsection (b). The amount of the fee may not be more than the reasonable fair market value of the use of the highway right-of-way within the broadband corridor.

(e) Except for portions of a U.S. route that is a limited access highway under subsection (a)(4), with respect to state routes or U.S. routes, the department may impose only:

(1) a one (1) time permit application fee for the location or installation of communications infrastructure that is used for the provision of broadband services and is placed along or within a highway right-of-way; and

(2) routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities.

(f) The department shall not unreasonably discriminate with respect to the following among entities requesting access to broadband corridors or other department controlled rights-of-way:

(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for the location, installation, and maintenance of communications infrastructure used for the provision of broadband services.

(2) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned, controlled, or managed by the department.

(3) The type of technology deployed for the provision of broadband services.

However, nothing in this subsection abrogates or limits the department's authority under IC 8-23 to safely and efficiently manage and operate the state highway system and associated highway rights-of-way for the benefit of the traveling public.

(g) The department shall adopt rules under IC 4-22-2 to establish the policies, procedures, and standards required under subsection (b) and to otherwise implement this section.

As added by P.L.189-2019, SEC.10. Amended by P.L.156-2021, SEC.1; P.L.93-2024, SEC.86.
Ind. Code § 8-15.5-2-3.5 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-3.5
"Governmental entity"
Status: in_force

Sec. 3.5. "Governmental entity" means:

(1) any state;

(2) any authority, board, bureau, commission, committee, agency, department, division, or other instrumentality established by any state, including a unit of local government; or

(3) any entity established by the laws of another state in which the state of Indiana has been invited to participate.

As added by P.L.85-2010, SEC.6. Amended by P.L.91-2014, SEC.18.
Ind. Code § 8-3-17-6 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-6
Surety bond
Status: in_force

Sec. 6. Every policeman appointed and commissioned shall, before entering upon the discharge of the policeman's duties, give a surety bond of five thousand dollars ($5,000), conditioned upon the faithful performance of the policeman's duties. All the bonds shall be filed with and approved by the Indiana department of transportation, and, upon filing the bond, the policeman shall pay to the department ten dollars ($10).

Formerly: Acts 1927, c.18, s.6; Acts 1975, P.L.80, SEC.3. As amended by P.L.384-1987(ss), SEC.44; P.L.18-1990, SEC.52.
Ind. Code § 8-23-1.1-9 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-9
"Automobile graveyard"
Status: in_force

Sec. 9. "Automobile graveyard" means an establishment or place of business that is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-15-3 — Indiana Code / Title 8 / Article 1 / Chapter 15 / Section 8-1-15-3
Aggrieved persons; filing written remonstrance
Status: in_force

Sec. 3. Any person feeling himself aggrieved by the proposed vacation or relocation may file a written remonstrance with the court at any time prior to the time set forth for hearing upon any one or more of the following grounds and no other to wit:

(a) That the highway or portion thereof proposed to be vacated or relocated is necessary to the growth of the county or counties in which it is located.

(b) That the proposed vacation or relocation will leave the real estate of the remonstrant without means of ingress or egress by a public highway.

(c) That such vacation or relocation will deny the public access to some public building, church or school or public grounds.

(d) That the material allegations of the petition or any of them are not true.

Formerly: Acts 1959, c.196, s.3.
Ind. Code § 8-25-6-1 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-1
Applicability
Status: in_force

Sec. 1. This chapter applies to a township located in an eligible county.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-6-7.7-1 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-1
"Grade crossing"
Status: in_force

Sec. 1. The term "grade crossing" as used in this chapter means a crossing of any railroad and any public highway, street or roadway, at grade.

Formerly: Acts 1973, P.L.66, SEC.1.
Ind. Code § 8-15.7-2-5 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-5
"Develop" or "development"
Status: in_force

Sec. 5. "Develop" or "development" means to do one (1) or more of the following:

(1) Plan.

(2) Design.

(3) Develop.

(4) Lease.

(5) Acquire.

(6) Install.

(7) Construct.

(8) Reconstruct.

(9) Rehabilitate.

(10) Extend.

(11) Expand.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-21-9-19 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-19
Maintenance, policing, and operation of airport facilities
Status: in_force

Sec. 19. Each airport or airport facility or airport facilities when constructed and opened to traffic shall be maintained and kept in good condition and repair by the department. Each such airport facility or airport facilities shall also be policed and operated by such force of police, toll-takers and other operating employees as the department may, in its discretion, employ. All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under this chapter.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.350.
Ind. Code § 8-1-8.3-2 — Indiana Code / Title 8 / Article 1 / Chapter 8.3 / Section 8-1-8.3-2
"Commercial motor vehicle"
Status: in_force

Sec. 2. As used in this chapter, "commercial motor vehicle" has the meaning set forth in IC 9-13-2-31.

As added by P.L.42-2004, SEC.1.
Ind. Code § 8-6-1-4 — Indiana Code / Title 8 / Article 6 / Chapter 1 / Section 8-6-1-4
Hearings on location and construction; orders
Status: in_force

Sec. 4. Whenever the department shall come to the conclusion, whether on account of the topography of the ground at the crossings, or on account of the great number of travelers using any crossing of a highway and railroad, or for any reason deemed by the department to be sufficient, that the grades of such crossing should be separated, and it shall be found practicable to do so, the department shall serve with notice the railroad company or companies, and also serve with notice the board of commissioners of the county or counties in which such highway crossing is located. Said notice shall set out that the department, on the day named, will consider the matter of separation of the grades at such crossing and the department shall have jurisdiction of the parties and the subject matter in said proceedings and shall hear and determine the matter. If satisfied that said crossing is dangerous to life and that safety and the accommodation of the public requires that the grades be separated, and that it is practicable to separate said grades, the department may so order. The department shall, in said order, prescribe the manner in which such separation shall be accomplished. The cost of such separation shall be borne one-fourth (1/4) by the county and counties in which such grade is separated and three-fourths (3/4) by the railroad company or companies, and whenever the department may order any such grades separated, it may, if it shall deem it best, relocate or consolidate highway crossings over railroads, street railroads, interurban street railroads, or suburban street railroads in this state, and may relocate or consolidate highways leading to any such crossing. If any of the parties to such proceeding fail or refuse to obey the orders of the department, the department may proceed, in any circuit or superior court of any one (1) of the counties in which said highway crossing may be located, to enforce its orders. The provisions of this section shall not apply to cities of over twenty thousand (20,000) population.

Formerly: Acts 1913, c.182, s.4; Acts 1915, c.75, s.1. As amended by P.L.62-1984, SEC.94; P.L.384-1987(ss), SEC.59; P.L.81-1996, SEC.1.
Ind. Code § 8-1-31.6-9 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-9
Customer lead service line improvement costs for municipally owned utilities
Status: in_force

Sec. 9. For a municipally owned utility, customer lead service line improvement costs include the following:

(1) Depreciation expenses.

(2) Extensions and replacements for customer lead service line improvements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.

(3) Debt service on funds borrowed to pay for customer lead service line improvements.

(4) As applicable, property taxes to be paid by the utility based upon the first assessment date following the placement in service of the customer lead service line improvements.

As added by P.L.137-2020, SEC.7.
Ind. Code § 8-1-2-43 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-43
New schedules; filing
Status: in_force

Sec. 43. Copies of all new schedules shall be filed as hereinbefore provided in every station or office of such public utility where payments are made by consumers or users ten (10) days prior to the time the same are to take effect, unless the commission shall prescribe a less time.

Formerly: Acts 1913, c.76, s.46.
Ind. Code § 8-6-4-4 — Indiana Code / Title 8 / Article 6 / Chapter 4 / Section 8-6-4-4
Repealed
Status: repealed

Formerly: Acts 1879(ss), c.77, s.4. Repealed by Acts 1972, P.L.63, SEC.3.
Ind. Code § 8-1-40.5-12 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-12
Interests in securitization property and charges; securitization charges nonbypassable; review and adjustment of securitization charges; recovery of incremental costs
Status: in_force

Sec. 12. (a) The interest of an assignee in securitization property and in securitization charges is not subject to setoff, counterclaim, surcharge, or defense by the electric utility or any other person, or in connection with the bankruptcy of the electric utility or any other person. A financing order remains in effect and unabated notwithstanding the bankruptcy of the electric utility, its successors, or assignees.

(b) A financing order must include terms ensuring that the securitization charges authorized under the order are nonbypassable charges that are payable by all customers and customer classes of the electric utility, including any customer that:

(1) is participating in:

(A) a net metering program under 170 IAC 4-4.2;

(B) a distributed generation program under IC 8-1-40; or

(C) a feed-in-tariff program;

offered by the electric utility; or

(2) supplies at least part of the customer's own electricity demand.

(c) A financing order must include a mechanism requiring that securitization charges be reviewed and adjusted by the commission at least annually. Each year, not earlier than forty-five (45) days before the anniversary date of the issuance of securitization bonds under the financing order, and not later than the anniversary date of the issuance of the securitization bonds, the electric utility shall submit to the commission an application to do the following:

(1) Correct any overcollections or undercollections of securitization charges during the twelve (12) months preceding the date of the filing of the electric utility's application under this section. For the first annual review under this section, the electric utility shall correct for any overcollections or undercollections of securitization charges during those months:

(A) that precede the date of the filing of the electric utility's application under this section; and

(B) in which securitization charges were collected.

(2) Ensure, through proposed securitization charges, as set forth by the electric utility in the application, the expected recovery of amounts sufficient to timely provide all payments of debt service and other required amounts and charges in connection with the securitization bonds.

The commission shall review the application, including the electric utility's proposed securitization charges. The review of the filing must be limited to determining whether the application contains any mathematical or clerical errors in the application of the formula-based mechanism relating to the appropriate amount of any overcollection or undercollection of the securitization charges and the amount of an adjustment. If the proposed securitization charges have been appropriately calculated, the commission shall issue an order approving the application and the proposed securitization charges not later than forty-five (45) days after the filing of the application. The commission shall approve any revisions to securitization charges under this subsection without conducting an evidentiary hearing. At any time during a calendar year, an electric utility may, on its own initiative, file an application with the commission under this section as the electric utility may determine to be necessary to meet the requirements set forth in subdivisions (1) and (2). The commission shall review any application filed by an electric utility outside of the annual review schedule, including the electric utility's proposed securitization charges, and if the proposed securitization charges have been appropriately calculated issue an order approving the application and the proposed securitization charges not later than forty-five (45) days after the filing of the application.

(d) A financing order must provide that:

(1) any difference between:

(A) qualified costs approved by the commission in the financing order; and

(B) the electric utility's qualified costs at the time an electric generation facility is retired;

shall be accounted for by the electric utility as a regulatory asset or liability;

(2) an electric utility that ultimately incurs costs of removal and restoration greater than the amount estimated at the time an electric generation facility is retired may seek recovery of such incremental costs through rates; and

(3) the commission may approve recovery of incremental costs under subdivision (2) if the commission finds the costs just and reasonable.

As added by P.L.80-2021, SEC.1. Amended by P.L.9-2022, SEC.15.
Ind. Code § 8-23-9-43 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-43
Railroad crossings; separation of grades; multiple railroads; payment of costs
Status: in_force

Sec. 43. If two (2) or more railroads, interurban street railroads, or suburban street railroads are located in proximity to each other as to be involved in a single separation of grades, the utility regulatory commission shall pay the half of the cost not paid by the department, apportioned between the railroads, interurban street railroads, or suburban street railroads in proportion as the cost of the separation has been enhanced by the presence of the respective railroads, interurban street railroads, or suburban street railroads.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-17-5-9 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-9
Certification of employment
Status: in_force

Sec. 9. The auditor of each county that employs a full-time county highway engineer shall annually certify that employment to the state comptroller. The certification must include:

(1) the name and address of the county highway engineer; and

(2) the serial number of the engineer's certificate of registration issued by the state board of registration for professional engineers.

Formerly: Acts 1963, c.131, s.9. As amended by P.L.66-1984, SEC.100; P.L.86-1988, SEC.130; P.L.23-1991, SEC.3; P.L.120-2019, SEC.2; P.L.9-2024, SEC.297.
Ind. Code § 8-14.5-6-20 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-20
Authority purchase of its own bonds or notes
Status: in_force

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 or notes. Unless cancelled, bonds or notes so held shall be considered to be held for resale or transfer and the obligation evidenced by the bonds or notes shall not be considered to be extinguished.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-17.5-16 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-16
Members not liable for debts or liabilities of corporation; director acting in good faith not personally liable
Status: in_force

Sec. 16. (a) A member of a surviving corporation or successor corporation formed under this chapter is not liable or responsible for the debts or liabilities of the surviving corporation or successor corporation.

(b) A director of a surviving corporation or successor corporation formed under this chapter is not personally liable for the acts or omissions of the surviving corporation or successor corporation if the director acts in good faith in performing the director's duties under this chapter or under the bylaws or articles of incorporation of the surviving corporation or successor corporation.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-23-1.1-32 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-32
"Primary system"
Status: in_force

Sec. 32. "Primary system" means the part of connected main highways as officially designated by the department and approved by the United States Secretary of Commerce under 23 U.S.C.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-5.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 5.5 / Section 8-1-5.5-2
Minimum quality of water
Status: reserved

Sec. 2. After August 31, 1981, if the authority to supply piped drinking water is transferred from a city or town to a person other than a city or town, the piped drinking water must, at the time of transfer, be at least equal in quality to the water tested under section 1 of this chapter which was supplied by the city or town. A person shall comply with this section within ten (10) days of the date on which it is found by the Indiana department of health that the person supplies drinking water that does not comply with this section.

As added by Acts 1981, P.L.105, SEC.1. Amended by P.L.2-1992, SEC.80; P.L.56-2023, SEC.52.
Ind. Code § 8-9.5-7-3 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-3
Establishment petition; notice; resolution
Status: in_force

Sec. 3. (a) An association, or if an association has not been formed under section 2 of this chapter owners of twenty-five percent (25%) of the parcels of real estate in any proposed automated transit district, may file a petition with the board of public works or board of transportation. A petition of an association shall be signed by a majority of its directors. A petition shall be sufficient if it sets forth:

(1) the boundaries of the proposed automated transit district which shall include all property which petitioners believe will be specially benefited or damaged by the proposed automated transit system;

(2) the location and a general description of the proposed automated transit system;

(3) the estimated cost of the proposed automated transit system; and

(4) as a part of the petition, or as an exhibit thereto, the names and addresses of all owners within the boundaries of the proposed district, as the same appear upon the tax duplicates in the records of the auditor of the county.

(b) The board of public works or board of transportation, upon the filing of such petition, shall fix a date for a hearing on the establishment of the proposed district. The association or petitioners, as the case may be, shall cause a notice to be mailed, at least twenty-one (21) days prior to the date fixed for hearing, by United States mail, first class postage prepaid, to all owners of real estate within the proposed district. It shall be sufficient if the notices to the owners are addressed as the names and addresses appear upon the tax duplicates in the records of the county auditor. Also, the association or petitioners shall cause a notice of the hearing and the date, place and hour thereof, to be published in accordance with IC 5-3-1.

(c) The notice to be published and mailed shall also contain a general description of the contents of the petition, specifically setting forth the boundaries of the proposed district, and shall state that all of the property in the proposed district will be assessed benefits or damages under this chapter for the proposed automated transit system, and that at the hearing all owners of real estate within the proposed district, or their representatives, may be heard upon the question of the establishment of the district. Proof of service shall be made by affidavit of the person, or persons, causing such service to be made.

(d) On the date fixed for hearing the board of public works or board of transportation shall hear all owners in the proposed district, who appear and request to be heard, upon the question of the sufficiency of the petition and notice, whether the proposed automated transit system is of public utility and benefit, whether all of the probable benefits of the proposed improvement will be equal to or exceed the estimated cost thereof, and whether the district contains all, or more or less than all, of the property specially benefited or damaged by the proposed system. After the hearing, which may be adjourned from time to time without further notice, the board of public works or board of transportation shall adopt a resolution containing the following determinations:

(1) Whether the petition is sufficient.

(2) Whether the required notice was given.

(3) Whether the proposed automated transit system is of public utility and benefit.

(4) Whether all of the probable benefits of the proposed system will equal or exceed the estimated cost thereof.

(5) Whether the proposed automated transit district contains all, or more, or less than all, of the property specially benefited or damaged by the proposed system.

(e) If the board of public works or board of transportation resolves affirmatively on the first four (4) questions and determines that the proposed district contains all of the property specially benefited or damaged, then it shall establish the district with the boundaries described in such petition. If it resolves negatively on any of the first four (4) questions, it may allow amendments, the issuance of additional notice, and hold such further proceedings as it deems proper, or the petition may be dismissed without prejudice to the right to file a new petition.

(f) In the event the board of public works or board of transportation determines that property not specially benefited or damaged has been included within boundaries described in the petition, then it shall redefine the boundaries of the district and in its resolution include only that property within the petition which is specially benefited or damaged and shall establish the district with the boundaries as redefined.

(g) In the event the board of public works or board of transportation determines that either:

(1) all of the property specially benefited or damaged has not been included within the boundaries described in the petition; or

(2) all of the property specially benefited or damaged has not been included within the boundaries described in the petition and some property has been included which is not specially benefited or damaged;

then in either event it shall fix a date for a further hearing. Notice shall be given of the further hearing, describing the proposed revised boundaries as provided in this section, except that notice by mail shall be given only to the owners in any area proposed to be added to the district which was not included in the initial petition. At such further hearing all owners of real estate or their representatives within the proposed district boundaries, as revised shall be entitled to be heard, and the board of public works or board of transportation shall then adopt its resolution on establishment of the automated transit district.

(h) Any resolution entered establishing an automated transit district shall also recite that all property within the district will be subject to assessment of special benefits and damages in the manner provided in this chapter.

(i) The resolution shall be deemed notice to all owners who have appeared, or who have been notified of the proceedings, as provided in this section, that their property will be subject to an assessment of special benefits and damages as provided in this chapter and that no further notice of such assessments, or of the hearing thereon, shall be required except the notice by publication provided for in this chapter.

(j) The resolution of the board of public works or board of transportation that establishes the automated transit district must be approved by the legislative body of the city. Thereafter, the resolution shall be final and conclusive and no attack may be made challenging the resolution on the establishment of the automated transit district, the validity of the petition, the sufficiency of notice, the existence of the automated transit district, the public utility and benefit of the proposed automated transit system, that the benefits equal or exceed the estimated cost, the boundaries of the district, or any other matters before the board of public works or board of transportation, unless an appeal is taken as provided in this section.

(k) A copy of the resolution establishing an automated transit district, certified by the clerk, shall be recorded in the miscellaneous records in the office of the recorder of the county in which the city is located.

(l) Any party aggrieved by a resolution made under the provisions of this section may appeal. Such appeal shall be taken as provided in IC 34-13-6. However, in the event that fifty-one percent (51%) of the owners of property located in such automated transit district remonstrate by petition to the board of public works or board of transportation, signatures on such petition shall be verified by the auditor of such county, and if found to be valid shall cause further actions on the establishment of an automated transit district to cease.

As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.1-1998, SEC.88.
Ind. Code § 8-1-44-16 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-16
Commission's authority to adopt rules
Status: in_force

Sec. 16. The commission may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-20-1-3 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-3
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.3. As amended by P.L.353-1983, SEC.4. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-37-6 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-6
"Electricity supplier"
Status: in_force

Sec. 6. (a) As used in this chapter, "electricity supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana on January 1, 2011.

(b) The term does not include a utility that is:

(1) a municipally owned utility (as defined in IC 8-1-2-1(h));

(2) a corporation organized under IC 8-1-13; or

(3) a corporation organized under IC 23-17 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13.

As added by P.L.150-2011, SEC.16.
Ind. Code § 8-23-1.1-14 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-14
"County local highway system"
Status: in_force

Sec. 14. "County local highway system" means the roads and streets used primarily for access to residence, business, farm, or other abutting property and for which responsibility is assigned to the county highway authority.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-23-9-14 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-14
Partial payments; authorization
Status: in_force

Sec. 14. The department may authorize partial payments to any contractor performing any work under this chapter as the work progresses under the general rules of the department.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-3-1.5-5 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-5
Acquisition of rail or nonrail property
Status: in_force

Sec. 5. (a) The department, as sole agent for the State, may acquire by purchase or condemnation or otherwise any portion or portions of any rail properties. In addition, the department may acquire any other non-rail property found by the department to be necessary for the operation of a railroad.

(b) The authority to acquire rail properties extends to rail properties both within and not within the jurisdiction of the Interstate Commerce Commission. It also includes rail properties within the purview of the Regional Rail Reorganization Act of 1973 and any other relevant federal legislation.

(c) The acquisition of the rail properties, by the department is for the purpose of the continued and future operation of a railroad deemed to be in the public interest. The acquisition of the rail properties, and other non-rail property, is declared to be a public purpose and to be reasonably necessary. This action may be taken in concert with another State or States as necessary to insure continued rail service in this State.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.44.
Ind. Code § 8-6-4-3 — Indiana Code / Title 8 / Article 6 / Chapter 4 / Section 8-6-4-3
Actions to recover penalties; venue
Status: in_force

Sec. 3. All actions for the recovery of the penalties prescribed in section 2 of this chapter shall be prosecuted in the name of the state by the prosecuting attorney of any county where the failure or neglect occurs.

Formerly: Acts 1879(ss), c.77, s.3. As amended by P.L.62-1984, SEC.101; P.L.192-1986, SEC.7.
Ind. Code § 8-14-15.1-6 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-6
Trust agreement between the Indiana finance authority and the next level Indiana fund investment board
Status: in_force

Sec. 6. The chairman of the authority may enter into a trust agreement on behalf of the authority with the board in furtherance of the purposes of this chapter. Any trust agreement must conform with this chapter. Any provision of the trust agreement entered into under this section that is inconsistent with the provisions or intent of this chapter is void and of no further force or effect.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-17-3-9 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-9
Repealed
Status: repealed

Formerly: Acts 1933, c.27, s.9. As amended by P.L.66-1984, SEC.98. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-21-10-1 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-1
Purpose
Status: in_force

Sec. 1. The safety, welfare, and protection of persons and property in the air and on the ground and of the maintenance of electronic communication within this state requires that the navigable airspace overlying the state and the approaches to and the air traffic pattern area of any public-use airport in the state be maintained in an unobstructed condition for the safe flight of aircraft and the comfort and safety of the citizens of this state. To that end, the location and height of structures and the use of land related to those structures and near public-use airports is regulated.

As added by P.L.117-1983, SEC.1.
Ind. Code § 8-3-1-17 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-17
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.19; Acts 1907, c.241, s.16. As amended by P.L.62-1984, SEC.10; P.L.384-1987(ss), SEC.25. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-25-7-5 — Indiana Code / Title 8 / Article 25 / Chapter 7 / Section 8-25-7-5
Governance of foundation
Status: in_force

Sec. 5. The foundation established under section 3 of this chapter is governed by a board of directors consisting of at least seven (7) voting members appointed by the board.

As added by P.L.153-2014, SEC.17.