reglab/housing_qa huggingface dataset:
IN Code § 8-23-6-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 6. State Highways in Municipalities|8-23-6-2. Construction of Outside Drainage Facilities and Sidewalks

Sec. 2. If the construction of a street necessitates the construction of adequate connecting facilities outside the limits of the street to provide for drainage of the street, the necessary mains, laterals, and connections shall be provided for in the plans, included as part of the construction cost, and paid out of the department's appropriation. However, if the drainage facilities outside the street are to be used for a purpose or purposes in addition to that of draining the street, a proportionate share of the cost of construction shall be paid by the beneficiaries of the drainage other than the department in a ratio of the amount of waste water attributable to the other users as compared with the total capacity of the drainage facilities. The department shall determine the ratio. The department need not proceed with construction until the time that an agreement with the municipality has been effected concerning the payment of costs for drainage use other than that which is required for state highway drainage. If the construction of a street in the state highway system within the boundaries of a city or town necessitates the construction of a bridge, overhead or subway structure, and sidewalks are required as a part of the structure, the sidewalks shall be provided for in the plans, included as part of the construction cost, and paid out of the department's funds.As added by P.L.18-1990, SEC.215.
IN Code § 8-23-6-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 6. State Highways in Municipalities|8-23-6-3. Construction and Maintenance of Streets Surrounding Railway Tracks, Pipes and Conduits, Drainage Facilities, and Sidewalks; Regulation of Traffic

Sec. 3. (a) Whenever a street on the state highway system is located within the boundaries of a city or town and is occupied by the track or tracks of a street railway, interurban railway, or steam railroad, the department is not required to maintain, construct, or improve the part of the street between the track or tracks and for eighteen (18) inches on the outside of the outer rails. The department shall include as part of the construction cost and pay out of department funds any expenditures necessitated by the acquisition of sufficient rights-of-way to construct the street.(b) If there are any tracks, pipes, or conduits in a street, the department may, after determining to construct or improve the street, require the owner to restore to good condition or renew the tracks, pipes, or conduits. The owner, within ninety (90) days after being notified to do so, shall restore or renew the tracks, pipes, or conduits. For tracks, the owner shall pave the part of the street between the rails of the tracks and eighteen (18) inches on the outside in conformity with plans approved by the department.(c) If the construction work on tracks, pipes, or conduits involves work of a nature as to be impractical or impossible of performance as a separate unit, the department may by agreement with the owner perform the work for which the owner shall reimburse the department for the cost.(d) Upon the completion of a street, the department shall maintain the roadway of the street, including the curbs and gutters, catch basins, and inlets within the limits of the street or highway that form integral parts of the street or highway. The city or town shall maintain the sidewalks, grass plats, and the connecting drainage facilities.(e) Whenever the department has responsibility for maintenance of a street within a city or town, the department shall regulate traffic in accordance with IC 9-21 on the street and may remove any hazard to traffic.As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991, SEC.64.
IN Code § 8-23-6-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 6. State Highways in Municipalities|8-23-6-4. Business Routes; Improvement and Maintenance

Sec. 4. Whenever:(1) the department designates a business route or a special route as an alternate to a state highway;(2) the route is laid out through a city or town; and(3) no other state highway is routed over the business or alternate route;the city or town is responsible for any improvements to or maintenance of the street.As added by P.L.18-1990, SEC.215.
IN Code § 8-23-6-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 6. State Highways in Municipalities|8-23-6-5. Construction, Improvement, and Maintenance by Municipalities

Sec. 5. This chapter does not annul, limit, or abridge the right of a city or town, either at its own expense or at the expense of property owners subject to assessment, to improve the sidewalks and curbs along a street forming the route of a state highway, to construct sewers and drains, or to construct or maintain a part of the roadway of the street not improved or maintained by the department. The city or town shall provide adequate drainage for the street except as otherwise provided in this chapter. Except as expressly provided in this chapter and subject to IC 9-21, this chapter does not limit the right of a city or town to regulate traffic over a street over which a highway is routed or to relieve the city or town of liability now imposed by law. The cost of improvement, except as otherwise provided in this chapter, shall be paid for out of the funds appropriated to the department. Whenever a person, firm, limited liability company, or corporation, other than a municipal corporation, is required or obligated by a law, ordinance, or contract to keep in repair or to maintain or to construct a street, any part of a street, or any railroad, interurban railroad, or street railroad crossing, or any structure or bridge thereon, this chapter does not relieve the person, firm, limited liability company, or corporation or the receiver thereof from the duty, obligation, or contract.As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991, SEC.65; P.L.8-1993, SEC.153.
IN Code § 8-23-6-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 6. State Highways in Municipalities|8-23-6-6. Excavations, Obstructions, and Utility Work; Restrictions; Violations

Sec. 6. (a) An opening may not be made in:(1) a highway in the state highway system;(2) the right-of-way of a state highway; or(3) the roadway of a street of a city or town over which a state highway is routed and which the department is required to maintain;and a structure or obstruction may not be placed in a highway or roadway of a state highway without the consent of the department. A highway or roadway may not be dug up for laying or placing a pipe, sewer, pole, wire, conduit, track, or railway or for any other purpose, and trees may not be removed from the right-of-way of a state highway without the written permit of the department, and then only in accordance with the rules of the department. The work shall be done under the supervision and to the satisfaction of the department, and the entire expense of restoring the highway or street in as good condition as before shall be paid by the person to whom the permit is given.(b) The department may require, before the granting of a permit, that a sufficient bond be given, or cash deposit made, to insure the restoration of the highway or street. In granting a permit, the department may designate the place in the street, highway, or right-of-way thereof where the pipe, sewer, pole, wire, conduit, track, railway, or other device or thing may be constructed.(c) A person who violates this section commits a Class C infraction.As added by P.L.18-1990, SEC.215.
IN Code § 8-23-7-0.1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 19 of this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.As added by P.L.220-2011, SEC.205.
IN Code § 8-23-7-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-1. Application of Chapter

Sec. 1. Except as otherwise provided in this chapter, IC 32-24-1 applies to real property transactions conducted by the department.As added by P.L.18-1990, SEC.216. Amended by P.L.2-2002, SEC.48.
IN Code § 8-23-7-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-2. Purposes for Acquiring Real Property

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.
IN Code § 8-23-7-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-3. Railroad Rights-of-Way

Sec. 3. The department may transfer fee simple title or a lesser interest in property to a railroad for a right-of-way.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-4. Description of Property to Be Acquired; Preparation and Filing

Sec. 4. If:(1) the department determines the location of a state highway; and(2) the location of the highway requires the department to acquire real property, easements in real property, or rights in real property;the department may prepare a metes and bounds or other description of the property or rights to be acquired. The description shall be filed in the office of the recorder in the county in which the real property is located.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-5. Notice to Owners; Delivery

Sec. 5. The department shall give written notice to the owners of property described in section 4 of this chapter that the department intends to acquire the real property or rights for highway purposes. The notice may be served in person or sent by certified mail to the owners of the property at the address shown on the tax records of the county.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-6. Improvement and Changes in Use of Property; Restrictions

Sec. 6. An owner receiving notice under section 5 of this chapter may not erect improvements on the real property described, subdivide the property, or make any changes in the use of the property that would affect its use for highway purposes, unless the owner first notifies the department in writing of the intended use.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-7. Improvement and Changes in Use of Property; Time Limit for State Action

Sec. 7. Whenever the department receives notice under section 6 of this chapter, the department has ninety (90) days to purchase the real property affected or commence condemnation proceedings. If at the end of ninety (90) days the department has not entered into a contract for the purchase of the real property or commenced condemnation proceedings, the owner may proceed with the improvement, subdivision, or use if not otherwise prohibited by law.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-8. Variances and Building Permits; Notice to Department; Hearing

Sec. 8. If the property described in section 4 of this chapter lies within a political subdivision that has an ordinance regulating property use or requiring a building permit, the owner of the property shall give written notice to the department of an application or petition for a variance or building permit. The owner shall give notice by sending a copy of the petition or application to the department by certified mail not later than ten (10) days before a hearing is held by local authorities on the petition or application. The department may remonstrate and be heard at a hearing concerning the property by an attorney or representative.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-9. Improvement and Changes in Use of Property; Loss of Notice Rights

Sec. 9. If the department has not acquired or commenced condemnation proceedings to acquire the real property, rights, or easements described in section 4 of this chapter within three (3) years after filing the description with the county recorder, the department loses the right to receive notice of improvements, subdivisions, or changes on the property that the department acquired by filing a description under section 4 of this chapter.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-10. Publication of Information Concerning Purchased Property

Sec. 10. Whenever the department purchases real property by agreement with the owner of the real property as to purchase price, the department shall, in accordance with IC 5-3-1-2(i), publish a list of the following:(1) The owners from whom the property was purchased.(2) The number of acres in each property purchased.(3) The purchase price of each property.As added by P.L.18-1990, SEC.216. Amended by P.L.64-1995, SEC.9.
IN Code § 8-23-7-11 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-11. Vouchers for Payment; Attaching Grant or Deed Copies

Sec. 11. A copy of a grant or deed purchased by the department shall be attached to each voucher submitted for payment under this chapter. The auditor of state may not draw and pay the voucher unless the copy is attached.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-12 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-12. Vouchers for Payment; Certification; Payment

Sec. 12. If condemnation proceedings have been instituted concerning real property, the department shall certify to the auditor of state that the voucher submitted is for escrow and is to be paid to the clerk of the circuit court. The voucher shall be in the amount determined and filed with the clerk of the circuit court. The payment shall be for the use and benefit of the owner of the property sought to be purchased.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-13 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-13. Sale of Surplus Property

Sec. 13. If the department determines that real property owned in fee simple by the department will not be needed for a purpose described in section 2 of this chapter, the commissioner may, with the approval of the budget agency, issue an order describing the surplus property and offering the surplus property for sale at or above its fair market value as determined by appraisers of the department. The department may combine or divide parcels of surplus property to facilitate the sale of the property.As added by P.L.18-1990, SEC.216. Amended by P.L.246-2005, SEC.86.
IN Code § 8-23-7-13.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-13.5. Indiana Department of Transportation Nonmarketable Property

Sec. 13.5. (a) If the department determines that real property owned in fee simple by the department is nonmarketable due to environmental mitigation requirements imposed by federal or state regulations, the commissioner may, with the approval of the budget agency, issue an order declaring the real property nonmarketable.(b) The department may provide a certified copy of an order described in subsection (a) to the Indiana department of administration.(c) Nonmarketable real property described in subsection (a) shall be transferred as described under IC 4-20.5-7, except that, after fulfilling the requirements of IC 4-20.5-7-6 through IC 4-20.5-7-7.3, the nonmarketable real property described in subsection (a) may be disposed of only by:(1) soliciting proposed uses for the nonmarketable real property from nonprofit land management organizations; and(2) transferring the nonmarketable real property to a chosen nonprofit land management organization for a use consistent with the tendered proposal.Nonmarketable real property disposed of as described in this subsection does not need to be appraised before the transfer of the real property.As added by P.L.196-2017, SEC.1.
IN Code § 8-23-7-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-14. Sale of Surplus Property Separated From Abutting Parcel; Offer to Abutting Property Owner

Sec. 14. If a property found to be surplus under section 13 of this chapter abuts a parcel of land from which the surplus property was separated and acquired by the department, the surplus property must first be offered for sale to the owner of the abutting property. An offer under this section shall be made by certified mail to the last known address of the owner. If the owner accepts an offer under this section, the surplus property shall be conveyed to the owner by quitclaim deed upon payment to the department of not less than the fair market value of the property as determined by the appraisers of the department.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-15 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-15. Sale of Surplus Property Separated From Abutting Parcel; Procedure When Abutting Property Owner Fails to Accept Offer

Sec. 15. (a) If an owner offered surplus property under section 14 of this chapter fails to accept the offer within thirty (30) days, the department may furnish a certified copy of:(1) the order issued under section 13 of this chapter; and(2) the appraised value of the surplus property;to the department of administration.(b) The surplus property may be sold in the same manner as other real property belonging to the state is sold at no less than its appraised value. The proceeds of the sale shall be credited to the department. A sale under this section is subject to the approval of the governor.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-16 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-16. Sale of Surplus Property Valued at $4,000 or Less

Sec. 16. If the appraised value of real property determined to be surplus under section 13 of this chapter does not exceed four thousand dollars ($4,000), the department may sell the surplus property without advertising or competitive bids for not less than the full appraised value of the surplus property upon approval by the commissioner and the governor.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-17 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-17. Exchange of Lands, Rights, and Easements; Criteria

Sec. 17. Whenever the department determines that because of:(1) a change in location of a state highway; or(2) any other reason;a parcel of real property owned by the department, or in which the department has rights or an easement, will not be needed, the department may exchange the parcel of property, the rights in the property, or easement in the property for a parcel of property, rights in a property, or an easement in a property, which the department determines is needed.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-18 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-18. Exchange of Lands, Rights, and Easements; Valuation; Payments for Differences in Value

Sec. 18. Before making an exchange under section 17 of this chapter, both parcels of real property shall be appraised. Any difference in value between the two parcels of property shall be paid or received by the department. A sum received under this section shall be deposited with the treasurer of state and credited to the state highway construction fund.As added by P.L.18-1990, SEC.216.
IN Code § 8-23-7-19 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 23. Indiana Department of Transportation|Chapter 7. Real Property Transactions|8-23-7-19. Exchange of Lands, Rights, and Easements; Improvements

Sec. 19. (a) If an exchange under section 17 of this chapter includes improvements to be constructed on either parcel of real property, the department shall enter into an agreement with the owner of the parcel of property that the department will receive. An agreement under this section must include the following:(1) The appraisal required under section 18 of this chapter must include the value of improvements constructed or to be constructed on the property.(2) The construction contract for improvements under this section must be guaranteed by a construction or performance bond issued by a surety company approved by the department. The department:(A) shall require a performance bond from a contractor for a project if the estimated cost of the project is more than two hundred thousand dollars ($200,000); and(B) may require a performance bond from a contractor for a project if the estimated cost of the project is not more than two hundred thousand dollars ($200,000).(3) The plans and specifications for improvements under this section must be certified by a licensed architect or engineer.(b) The department must approve in writing the construction contract, bond, plans, and specifications for the improvements before entering into an exchange agreement under this section.As added by P.L.18-1990, SEC.216. Amended by P.L.133-2007, SEC.10.