reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 11. Emergency Repairs Without Bidding › 8-23-11-1. Requirements

Sec. 1. (a) Whenever a bridge, culvert, roadway, or any other physical property of the state highway system has been damaged to the extent that it is not usable by the traveling public or is unsafe for use, and by order of the governor or the commissioner it is determined that an emergency exists, the department shall proceed with due diligence to reopen the highway to traffic and make it safe for the traveling public. For this purpose, the department may proceed without advertising for bids if the department invites three (3) or more persons prequalified to perform the work required to be done to submit a bid within the time specified by the department for that work. Each of the three (3) prequalified persons shall be given an equal amount of time to prepare and submit a bid for the work.
(b) The department must keep records of:
(1) the names of those persons invited to bid; and
(2) the details of bids submitted;
in accordance with the department's usual contracting procedures.
(c) The department may then award an emergency contract under this section to the lowest responsive bidder.
As added by P.L.18-1990, SEC.220. Amended by P.L.16-2020, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 12. Sufficiency Rating System for Programs and Annual Reports › 8-23-12-1. "Sufficiency Rating" Defined

Sec. 1. As used in this chapter, "sufficiency rating" means any rating that assigns numerical values to each road section reflecting its relative adequacy based on an engineering appraisal of structural condition, safety, and traffic service and upon an economic appraisal of its actual or potential value to the total area served by the road including the effect of loss of traffic to and through the area resulting from deterioration or obsolescence of the road.
As added by P.L.18-1990, SEC.221.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 12. Sufficiency Rating System for Programs and Annual Reports › 8-23-12-2. Long-Range Construction Program

Sec. 2. The department shall prepare, formally adopt, and publish a long-range program of its future activities with regard to the construction of highways under its jurisdiction. The sufficiency rating principle shall be applied, as far as it is practicable, in determining the projects to be included in the long-range construction program and may be applied by districts. The long-range program must contain an estimate of revenues that will become available during that period and a statement of intention with respect to the construction and other related work to be done.
As added by P.L.18-1990, SEC.221.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 12. Sufficiency Rating System for Programs and Annual Reports › 8-23-12-3. Reinspection of Roads; Additional Information Included in Long-Range Program

Sec. 3. The department shall cause a periodic reinspection of the system of roads under its jurisdiction to be made in order to revise its estimates of future needs to conform to the actual physical and service condition of the highways and economic needs of the areas served by the highways from time to time. The long-range program, in addition to the engineering information required by this chapter, must contain other information that will enable the public to have the most complete understanding of the needs of the state highway system.
As added by P.L.18-1990, SEC.221.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 12. Sufficiency Rating System for Programs and Annual Reports › 8-23-12-4. Annual Adoption of Long Range Program; Biennial Work Program

Sec. 4. (a) The department shall annually adopt from its long range program and publish a biennial work program of construction to be accomplished within the following two (2) fiscal years. This biennial work program must consist of a list of projects listed in order of urgency.
(b) In case of emergencies and disasters resulting in the necessity for completely unforeseen demands for construction, or if unforeseen difficulties arise in the acquisition of rights-of-way, materials, labor, or equipment necessary for proposed construction or the availability of funds, a deviation from the adopted biennial work program under subsection (a) is permitted.
(c) For purposes of this section, the relative urgency of proposed construction shall be determined by a consideration of:
(1) the physical condition;
(2) the safety and service characteristics of the highways under consideration; and
(3) the economic needs of the area served by the highways.
The department may also consider the factors set forth in the project prioritization system in determining the relative urgency of a proposed construction project that is given special priority in the department's long range program.
(d) In arriving at and making a determination under this section, the department shall utilize all studies, data, and information made available to it from any appropriate source, including economic data, relative to affected areas, from the Indiana economic development corporation.
As added by P.L.18-1990, SEC.221. Amended by P.L.4-2005, SEC.118; P.L.229-2017, SEC.34.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 12. Sufficiency Rating System for Programs and Annual Reports › 8-23-12-5. Reports; Publication; Contents

Sec. 5. The department shall prepare and publish and make public a report at the end of each fiscal year. The report must contain appropriate financial data concerning receipts and disbursements, the past year's accomplishments, the current highway improvement program, a proposed program of construction to be accomplished within the following two (2) fiscal years, and an appraisal of the state's highway needs and the relative urgency of these needs.
As added by P.L.18-1990, SEC.221.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 12. Sufficiency Rating System for Programs and Annual Reports › 8-23-12-6. Supplements to Reports

Sec. 6. Notwithstanding any other provisions of this chapter, the department shall annually prepare and publish a supplement to the report containing appropriate financial data and status of projects financed from the state's primary highway system fund.
As added by P.L.18-1990, SEC.221.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 13. Annual Inventory of Equipment › 8-23-13-1. Establishment and Maintenance of Records

Sec. 1. The department shall establish and maintain complete inventory records of all durable office equipment, highway construction and maintenance equipment, motor vehicles, and all other items of personal property except office supplies under its control other than property excluded by section 2 of this chapter. The inventory shall be kept on a basis that will show the disposition of all obsolete, discarded, or traded equipment and will show at all times the status of all personal property owned by the department.
As added by P.L.18-1990, SEC.222.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 13. Annual Inventory of Equipment › 8-23-13-2. Expended Supplies

Sec. 2. Supplies that are expended at the same time they are used are excluded from the inventory requirements of this chapter. A record of the supplies that are expended at the same time they are purchased or used shall be maintained and a copy showing all purchases made during the previous three (3) months shall be furnished quarterly to the budget committee. Copies shall be kept and made available at all times to the general public at the office of the department.
As added by P.L.18-1990, SEC.222.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 14. Rental of Highway Equipment › 8-23-14-1. Rates

Sec. 1. The department is prohibited from renting equipment for its use when the total cost of the proposed rental over the anticipated period of use of the equipment exceeds the original cost of the equipment to be rented. The rent to be paid by the department shall not exceed the figures listed in the most recent issue of "Compilation of Rental Rates for Construction Equipment" as prepared and distributed by the Associated Equipment Distributors. This section does not preclude the department from renting equipment fully operated or from agreeing to pay the operators of the equipment rented and agreeing to pay for the gasoline, fuel oil, or repairs during the rental period, in addition to the rent for the use of any equipment.
As added by P.L.18-1990, SEC.223.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 14. Rental of Highway Equipment › 8-23-14-2. Emergency Procedure

Sec. 2. In case of an emergency, if it is impossible for the department to procure the necessary equipment by rental under section 1 of this chapter, the department may rent equipment subject to the approval of the budget committee.
As added by P.L.18-1990, SEC.223.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 15. Local Road and Street Inventory › 8-23-15-1. Mileage and Use Inventories

Sec. 1. The department shall periodically inventory the mileage and use of the local road systems under the jurisdiction of the counties and the street systems under the jurisdiction of municipalities.
As added by P.L.18-1990, SEC.224.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 15. Local Road and Street Inventory › 8-23-15-2. Notice; Confirmation of Accuracy; Appeals

Sec. 2. In undertaking the inventory under this chapter, the department shall give written notice to the county road supervisor and the county executive thirty (30) days before the inventory actually begins that an inventory is underway. The department shall confer with the local officials to confirm the accuracy of the inventory. If the county executive believes an error has been made, the executive may appeal to the commissioner for a review of the inventory results.
As added by P.L.18-1990, SEC.224.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 15. Local Road and Street Inventory › 8-23-15-3. Roads Included in Inventories

Sec. 3. For the purpose of the inventory under this chapter, the department shall include in each county's total mileage those roads making up that county's southern and eastern boundaries. If a county is responsible for roads on a state line as the result of an interagency agreement, those roads shall be included in the inventory.
As added by P.L.18-1990, SEC.224.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 15. Local Road and Street Inventory › 8-23-15-4. Use in Annual Certification of County Road Mileage

Sec. 4. The department shall use the inventory developed under this chapter in its annual certification of county road mileage.
As added by P.L.18-1990, SEC.224.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 16. Legal Defense for Employees › 8-23-16-2. Application of Chapter

Sec. 2. Subject to IC 34-13-2, IC 34-13-3, and IC 34-13-4, this chapter applies when a member of the department is sued for civil damages and:
(1) the department administratively determines that the civil action arose out of an act performed within the scope of the duties of the member; and
(2) a lack of defense of the action by the state would prejudice the construction, maintenance, or administration of state highways.
As added by P.L.18-1990, SEC.225. Amended by P.L.1-1998, SEC.92.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 16. Legal Defense for Employees › 8-23-16-3. Duties of Attorney General

Sec. 3. The attorney general shall:
(1) when the department submits the finding in writing to the attorney general; and
(2) if the attorney general finds the determination to be supported by substantial evidence;
defend the member in the action or authorize the department to hire private counsel to provide a defense.
As added by P.L.18-1990, SEC.225.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 16. Legal Defense for Employees › 8-23-16-4. Admission of Administrative Determinations as Evidence

Sec. 4. The administrative determination by the department or the determination by the attorney general may not be admitted as evidence in the trial of a civil action for damages.
As added by P.L.18-1990, SEC.225.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 16. Legal Defense for Employees › 8-23-16-5. Right to Select Defense Counsel; Relieve From Civil Damages

Sec. 5. This chapter may not be construed to:
(1) deprive a member of the right to select defense counsel at the member's own expense; or
(2) relieve a member from responsibility in civil damages.
As added by P.L.18-1990, SEC.225.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-1. "Agency" Defined

Sec. 1. As used in this chapter, "agency" means a department, board, commission, office, or instrumentality of the state, including a state supported college or university, or of a political subdivision of the state.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-2. "Agency Head" Defined

Sec. 2. As used in this chapter, "agency head" means the governing body or principal executive officer of an agency, or a duly designated delegate of the governing body or principal executive officer.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-3. "Displaced Person", "Displaced", and "Displacement" Defined

Sec. 3. As used in this chapter, "displaced person" or "displaced" or "displacement" with reference to a person, means a person who moves from real property, or moves personal property from real property, because of the acquisition of the real property and the improvements located on the real property, or the partial acquisition of real property to the extent that continued use by the owner or occupant is rendered impossible or impracticable, or as the result of the written order of the acquiring agency to vacate the real property intended to be acquired by the agency, or as the result of an order issued by an agency engaged in code enforcement activities to vacate the real property. Solely for purposes of sections 13, 14, 18, 19, 20, 21, 22, 23, and 24 of this chapter, the terms also include a person who moves from real property as a result of the acquisition of, or written order of the acquiring agency to vacate, other real property on which the person conducts a business or farm operation. When two (2) or more individuals living together in a single family dwelling are displaced from the dwelling, they are regarded as one (1) displaced person for purposes of this chapter, except that each individual may receive a payment for actual moving expenses and losses under section 13 of this chapter.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-4. "Business" Defined

Sec. 4. As used in this chapter, "business" means any lawful activity, excepting a farm operation, conducted primarily:
(1) for the purchase, sale, lease, and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
(2) for the sale of services to the public;
(3) by a nonprofit organization; or
(4) solely for the purposes of section 13 of this chapter, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not the display or displays are located on the premises on which any of the above activities are conducted.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-5. "Farm Operation" Defined

Sec. 5. As used in this chapter, "farm operation" means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, for sale or home use, and customarily producing products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-6. "Dwelling" Defined

Sec. 6. As used in this chapter, "dwelling" means any room, suite of rooms, apartment, trailer, or house occupied or intended to be occupied as a personal residence by one (1) family or by one (1) or more individuals utilizing the same kitchen facilities. The term does not include a single sleeping room without kitchen facilities.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-7. "Adequate Replacement Dwelling" Defined

Sec. 7. As used in this chapter, "adequate replacement dwelling" means a dwelling that is:
(1) at least comparable in essential accommodations and value to the dwelling acquired by the agency;
(2) a decent, safe, and sanitary dwelling meeting all minimum requirements of applicable building, housing, and fire prevention codes;
(3) located in an area not generally less desirable than the area in which the dwelling acquired by the agency is located, in regard to public utilities and public and commercial facilities;
(4) reasonably accessible to the principal place of employment of the head of the household;
(5) available for purchase or rental on the private market; and
(6) available for purchase or rental at a price or rent within the financial means of the displaced person. A dwelling available for purchase is considered to be within the financial means of a person only if, after taking into account that part of the acquisition cost paid to the displaced person plus any payment made under section 16 or 17 of this chapter, a loan commitment may be obtained from a lending institution, with or without the aid of any federal or other program of loan insurance, in the principal amount equal to the balance of the purchase price of the replacement dwelling.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-8. "Gross Monthly Income" Defined

Sec. 8. As used in this chapter, "gross monthly income" means the average of such income during the twelve (12) month period immediately preceding displacement and includes income from all sources whether or not such income is taxable under any state or federal law, and also includes any public assistance received under the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF) assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other law of this state administered by the division of family resources or the department of child services.
As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992, SEC.82; P.L.145-2006, SEC.21; P.L.161-2007, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-9. "Person" and "Owner" Defined

Sec. 9. As used in this chapter, "person" and "owner" include any individual, partnership, corporation, limited liability company, or association.
As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993, SEC.163.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-10. "Owner" Defined

Sec. 10. As used in this chapter, "owner" as applied to real property means the person or persons holding legal title to the property as shown by the records of the county recorder of the county in which the real property is situated, or the person or persons entitled as vendee under a land contract to receive conveyance of the legal title upon payment of a specified purchase price.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-11. "Code Enforcement" Defined

Sec. 11. As used in this chapter, "code enforcement" means any project or program for the elimination or prevention of the development or spread of deteriorated or deteriorating areas through a systematic inspection of buildings and structures in an area and the enforcement of codes or ordinances establishing standards for the condition and maintenance of dwellings, buildings, or premises as safe, sanitary, and fit for human habitation.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-13. Compensation for Expenses and Losses

Sec. 13. Whenever the acquisition of real property for a project undertaken by an agency, or a program of code enforcement by an agency in the state, will result in the displacement of any person, the agency shall make a payment to a displaced person, upon proper application as approved by the agency head, for:
(1) actual reasonable expenses in moving the person, the person's family, business, farm operation, or personal property;
(2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the head of the agency; and
(3) except as provided in section 12(1) of this chapter, actual reasonable expenses in searching for a replacement business or farm, not to exceed a maximum of five hundred dollars ($500).
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-14. Moving Expense and Dislocation Allowances

Sec. 14. A displaced person eligible for payments under section 13 of this chapter who is displaced from a dwelling and who elects to accept the payments authorized by this section in lieu of the payments authorized by section 13 may receive a moving expense allowance and a dislocation allowance determined according to a schedule established by the agency head. The schedule may establish a graduated scale of payments based upon size or kind of business or farm operation, size of dwelling, number of persons in family, or other appropriate factors. Except as provided in section 12(1) of this chapter, the payment shall not exceed a moving expense allowance of three hundred dollars ($300) and a dislocation allowance of two hundred dollars ($200).
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-15. Payment Based on Average Annual Net Earnings

Sec. 15. (a) A displaced person eligible for payment under section 13 of this chapter who is displaced from a place of business or farm operation and elects to accept the payment authorized by this section in lieu of the payment authorized by section 13 of this chapter may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation. However, except as provided in section 12(2) of this chapter, the payment shall not be more than five thousand dollars ($5,000). In the case of a business, no payment shall be made under this section unless the agency head is satisfied that the business:
(1) cannot be relocated without a substantial loss of its existing patronage; and
(2) is not a part of a commercial enterprise having at least one (1) other establishment not being acquired by the agency and which is engaged in the same or similar business.
(b) For purposes of this section, "average annual net earnings" means one-half (1/2) of any net earnings of the business or farm operation, before federal, state, and local income taxes, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired by the agency. The term includes any compensation paid by the business or farm operation to the owner, the owner's spouse, or dependents during the period.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-16. Allowance for Lease or Rental of Adequate Replacement Dwelling

Sec. 16. Except as provided in section 12(3) and 12(4) of this chapter, and in addition to payments otherwise authorized by this chapter, the agency shall make a payment to or for the benefit of a displaced person from a dwelling actually and lawfully occupied by the displaced person for not less than ninety (90) days prior to commencement of code enforcement activities for, or the initiation of negotiations for acquisition of, the dwelling. The payment shall be an amount, not to exceed two thousand five hundred dollars ($2,500), necessary to enable the displaced person to lease or rent an adequate replacement dwelling for a period not to exceed two (2) years, less an amount equal to twenty percent (20%) of the gross monthly income of the displaced person averaged over the previous twelve (12) month period multiplied by twenty-four (24), determined at the time of displacement.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-17. Allowance for Down Payment and Closing Costs for Purchase of Adequate Replacement Dwelling

Sec. 17. (a) In lieu of the amount determined under section 16 of this chapter, the agency may make a payment to the displaced person in an amount necessary to enable the person to make a down payment on the purchase of an adequate replacement dwelling, not in excess of two thousand five hundred dollars ($2,500).
(b) In addition to any payment payable under subsection (a), the agency shall pay reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incidental to the purchase of the replacement dwelling, but not including prepaid expenses.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-18. Relocation Advisory Assistance Program

Sec. 18. Whenever acquisition of, or code enforcement upon, real property by an agency will result in the displacement of a person, the agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in section 20 of this chapter. If the agency determines that a person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer that person relocation advisory services under the program.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-19. Cooperation With Other Agencies

Sec. 19. An agency causing displacement of a person shall cooperate to the maximum feasible extent with federal, state, or local agencies administering programs that may be of assistance to displaced persons, in order to assure that displaced persons receive the maximum assistance available to them.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-20. Relocation Assistance Advisory Programs; Measures, Facilities, and Services

Sec. 20. Each relocation assistance advisory program required by section 18 of this chapter shall include measures, facilities, or services as may be necessary or appropriate in order to:
(1) determine the need, if any, of displaced persons for relocation assistance;
(2) provide current and continuing information on the availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses;
(3) assure that, within a reasonable period of time prior to displacement, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the means of the families and individuals displaced, decent, safe, and sanitary dwellings, as defined by the agency head, equal in number to the number of and available to the displaced persons who require dwellings and reasonably accessible to their places of employment, except that the governor may establish by executive order situations when the assurances may be waived;
(4) assist a displaced person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;
(5) supply information concerning federal or state housing programs, disaster loan programs, and other federal or state programs offering assistance to displaced persons; and
(6) provide other advisory services to displaced persons in order to minimize hardships to the persons in adjusting to relocation.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-21. Coordination With Government Community Actions

Sec. 21. Agencies shall coordinate relocation activities with project work and with other planned or proposed governmental actions in the community or nearby areas that may affect the carrying out of relocation assistance programs.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-22. Service Contracts; Use of Other Agencies

Sec. 22. (a) To prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, an agency required by this chapter to make relocation payments to displaced persons or to establish relocation assistance advisory programs may enter into contract with an individual, firm, limited liability company, or corporation for services in connection with the programs, or may carry out its functions under this chapter through any federal, state, or local governmental agency or instrumentality having an established organization for conducting relocation assistance programs. The contract may delegate authority to make a determination required to be made by the agency head with respect to eligibility for an amount of relocation assistance payments, availability of adequate replacement dwellings, or other matters required to be determined under this chapter, subject to review of determinations by the agency head and as provided in section 33 of this chapter.
(b) An agency acquiring property or displacing persons within a city or county that has established a governmental agency to provide relocation assistance to persons displaced from dwellings or businesses, whether or not the acquiring or enforcing agency is engaged in a program using federal financial assistance, may use the services and facilities of the county or city relocation agency in performing its obligations and in making the determinations required under this chapter to the maximum feasible extent permitted by applicable federal law or regulations.
As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993, SEC.164.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-23. Rules and Procedures; Establishment

Sec. 23. Each agency head is authorized to establish rules and procedures as necessary to assure the following:
(1) The payments and assistance authorized by this chapter shall be administered in a manner that is fair and reasonable, as uniformly as practicable.
(2) A displaced person who makes application for a payment authorized for such person under this chapter shall be paid promptly after a move or, in hardship cases, be paid in advance.
(3) A person aggrieved by a determination as to eligibility for a payment authorized by this chapter or the amount of a payment, may have the application reviewed by the agency head.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-24. Rules and Provisions; Adoption by Agency Heads and Governor

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-26. Reimbursement of Conveyance Expenses, Penalties, and Real Property Taxes

Sec. 26. The acquiring agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in eminent domain proceedings to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the agency head deems fair and reasonable, for expenses the owner necessarily incurred for:
(1) recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the agency;
(2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and
(3) the pro rata portion of real property taxes paid that are allocable to a period subsequent to the date of vesting title in the agency or the effective date of possession of the real property by the agency, whichever is the earlier.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-27. Awards for Condemnation Proceeding Expenses

Sec. 27. (a) The court having jurisdiction of a proceeding instituted by an agency to acquire real property by eminent domain shall award the owner of a right, or title to, or interest in, the real property the sum that will in the opinion of the court reimburse the owner for reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if:
(1) the final judgment is that the agency cannot acquire the real property by eminent domain; or
(2) the proceeding is abandoned by the agency.
(b) An award made under subsection (a) shall be paid by the agency for whose benefit the eminent domain proceedings were instituted.
(c) The court rendering a judgment for the plaintiff in a proceeding brought under IC 32-24-1-16 or any other Indiana law providing for the institution of proceedings by the owner seeking just compensation for property taken for public use in awarding compensation for the taking of property by an agency, or the agency effecting a settlement of a proceeding, shall determine and award or allow to the plaintiff, as a part of the judgment or settlement a sum that will in the opinion of the court or the agency reimburse the plaintiff for reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.
As added by P.L.18-1990, SEC.226. Amended by P.L.2-2002, SEC.49.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-28. Adequate Replacement Dwelling Requirement

Sec. 28. A person is not required to move from the person's dwelling by an agency acquiring the dwelling or engaged in a code enforcement program unless the agency head has determined that an adequate replacement dwelling is available to the person.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-29. Effect of Chapter

Sec. 29. (a) Section 25 of this chapter does not create a legal right or liability and does not affect the validity of property acquisitions by purchase or condemnation.
(b) This chapter does not create an element of value or damages not in existence before April 16, 1971, in any proceedings brought under the power of eminent domain.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-30. Federal Assistance; Compliance With Federal Law

Sec. 30. An agency acquiring real property or engaging in code enforcement activities under a program under which federal financial assistance is or will be available to pay the cost of the program is authorized to enter into an agreement with the appropriate federal agency under which the agency agrees to provide relocation assistance services and payments as required or authorized under the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655) and to use available federal funds. The agency using federal financial assistance may make contracts and expenditures, and act, make rules, orders, and findings as necessary to comply with the federal law and the related rules, regulations, and interpretations promulgated by the appropriate federal agencies.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-31. Federal Assistance; Noncompliance With Chapter

Sec. 31. An agency acquiring real property or engaging in code enforcement activities with federal financial assistance or acquiring real property reasonably anticipating that federal funds might be used to reimburse the cost of construction or other activity for which the real property is acquired and that is subject to the requirements of the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act of 1970 (42 U.S.C. 4601-4655) is not required to make relocation payments or provide relocation assistance programs under this chapter, or to comply with any procedures or rules under this chapter that are inconsistent with applicable federal law or regulations if the agency complies with all applicable federal law and regulations relating to relocation payments and assistance for persons displaced by the project.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-32. Tax Exemptions; Effect of Payments on Public Assistance Eligibility

Sec. 32. (a) All amounts paid to displaced persons under this chapter are exempt from taxation under IC 6-3.
(b) A payment received under this chapter is not considered as income for the purpose of determining the eligibility or extent of eligibility of any person for public assistance under the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF) assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other Indiana law administered by the division of family resources or the department of child services.
As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992, SEC.83; P.L.192-2002(ss), SEC.151; P.L.145-2006, SEC.22; P.L.161-2007, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-33. Review of Determination

Sec. 33. A person aggrieved by a determination made by an agency head under this chapter may have the determination reviewed by the governing body or principal executive officer of the agency. A final determination of the agency is subject to judicial review under IC 4-21.5-5.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-34. Waiver of Eminent Domain Power; Notice to Property Owner

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 17. Relocation Assistance › 8-23-17-35. Financing of Payments

Sec. 35. Funds appropriated or otherwise available to an agency for the acquisition of real property or an interest in real property or for the conduct of code enforcement programs shall also be available to carry out this chapter.
As added by P.L.18-1990, SEC.226.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 18. Acquisition of Public Property for Highways › 8-23-18-1. Authority for Acquisition

Sec. 1. The authority given to the department to acquire the fee simple title to public or private real property, rights, or easements needed or reasonably necessary for a state highway includes the right to acquire real property or a right in, to, or over real property owned, held, or claimed by a city, town, township, county, school corporation or other municipal corporation, or political subdivision of the state, public corporation, instrumentality, or agency supported in whole or in part by taxation.
As added by P.L.18-1990, SEC.227.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 18. Acquisition of Public Property for Highways › 8-23-18-2. Use of Eminent Domain

Sec. 2. Whenever the department is unable to agree with an owner of real property or a right described in section 1 of this chapter upon the damages sustained by the owner or upon the purchase price of the real property in fee or the right, interest, or easement sought to be acquired, the department may proceed in the name of the state in the exercise of the right of eminent domain to condemn and acquire the real property or right.
As added by P.L.18-1990, SEC.227.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 18. Acquisition of Public Property for Highways › 8-23-18-3. Voluntary Conveyances and Grants by Political Entities

Sec. 3. Each city, town, township, county, school corporation and other political subdivision of the state, public corporation, instrumentality, or agency supported in whole or part by taxation may convey and grant to the state for the use and benefit of the department, by voluntary conveyance or grant, with or without consideration, any real property or rights in or to real property needed or reasonably necessary for a state highway.
As added by P.L.18-1990, SEC.227.