reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 18. Acquisition of Public Property for Highways › 8-23-18-4. Tax Delinquent Lands; Acquisition

Sec. 4. Whenever the real property or right in real property sought to be acquired by the department is real property, or a right or interest in real property that was acquired by the county, municipality, or political subdivision after the real property or right had been unsuccessfully offered for sale for delinquent taxes, and had been acquired by or for the county for the delinquent taxes under the law the purchase price or condemnation award paid by the department to the county, municipality, or political subdivision may not exceed the amount of the delinquent and general taxes due at the time it was acquired by the county, municipality, or political subdivision, excluding penalties and not including any current taxes becoming due and payable in the year in which acquired by the state for highway use. A county shall convey and transfer real property, a right or interest in real property to the state for the use of the department for consideration whenever requested to do so by the department. The consideration paid by the department shall be distributed among the several subdivisions of government in the manner provided by IC 6-1.1, as other collections of delinquent taxes are distributed.
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 › 8-23-18-5. Tax Delinquent Lands; Acquisition After Assertion of Right of Redemption

Sec. 5. If a right of redemption exists in the owner of a interest in real property described in section 4 of this chapter that is asserted in the time and manner allowed and permitted by law, it shall be treated as any other private interest in real property acquired for public use by the department. However, if the county or municipality has placed any improvements upon the real property after acquiring the real property, the department shall pay the reasonable value of the improvements. If the reasonable value of the improvements cannot be determined by agreement, 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.
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 › 8-23-18-6. Validation Grants and Conveyances by Political Entities

Sec. 6. All grants and conveyances made before March 11, 1959, by a municipality or subdivision of government, public corporation, instrumentality, or agency supported in whole or in part by taxation are hereby declared to be valid and of full force and effect.
As added by P.L.18-1990, SEC.227.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 19. Advance Land Acquisition Revolving Fund › 8-23-19-1. Creation of Fund

Sec. 1. There is created a revolving fund to be known as the highway rights-of-way and construction revolving fund. This revolving fund is created to comply with 23 U.S.C. 124.
As added by P.L.18-1990, SEC.228.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 19. Advance Land Acquisition Revolving Fund › 8-23-19-2. Deposit of Federal Advances

Sec. 2. Advances made by the federal highway administration to this state to enable the department to make payments for acquisitions of rights-of-way and for construction as it progresses shall be deposited in the revolving fund by the state official authorized by Indiana law to receive federal-aid highway funds.
As added by P.L.18-1990, SEC.228.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 19. Advance Land Acquisition Revolving Fund › 8-23-19-3. Disbursements

Sec. 3. Disbursements shall be made from this fund solely upon vouchers approved by the department for rights-of-way that have been or are being acquired and for construction that has been actually performed and approved by the Federal Highway Administration.
As added by P.L.18-1990, SEC.228.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-1. Agreements With United States Secretary of Commerce

Sec. 1. (a) The department and the United States Secretary of Commerce shall enter into agreements under 23 U.S.C. concerning the regulation of billboards, signs, junkyards, and scrap metal processing areas in areas adjacent to the interstate and primary highway systems. The agreements must conform to the provisions of 23 U.S.C. to ensure that federal funds to Indiana are continued.
(b) An agreement between the state and the United States Secretary of Commerce entered into under 23 U.S.C. 131 must contain the definition of "unzoned commercial or industrial area" found in IC 8-23-1-43. If the state has received from the Secretary a formal notice of a proposed determination to withhold funds from the state because of an asserted unacceptability of the definition, the governor shall modify the definition. The modification may be made during a hearing on the notice held by the Secretary under 23 U.S.C. 131, or, if as a matter of law the Secretary decides to withhold funds prior to a hearing, the governor:
(1) may modify the definition before a hearing; and
(2) shall request a hearing under 23 U.S.C. 131.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-2. Form of Agreements; Negotiation

Sec. 2. The regulatory standards set forth in an agreement described in section 1(a) of this chapter must be consistent with customary use in Indiana. The agreement must be in a form that is in the best interests of the state and may be of a duration and subject to terms and provisions for modification that the governor considers advisable. In negotiating the agreement, the governor shall consider the following factors:
(1) The actual availability of federal funds.
(2) The imminence of a sanction against the state for a violation of 23 U.S.C. 131.
(3) The enactment of an amendment to 23 U.S.C. 131 or the regulations promulgated under 23 U.S.C. 131, or the possibility of an amendment.
(4) The scope of an agreement entered into by another state with the Secretary under 23 U.S.C. 131.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-3. Determination of Legality of Secretary's Actions

Sec. 3. The attorney general shall institute proceedings under 23 U.S.C. 131 to obtain a judicial determination of the legality of the determination of the United States Secretary of Commerce if the Secretary makes a final determination to:
(1) withhold funds from Indiana;
(2) fail to agree with Indiana as to the size, lighting, and spacing of signs; or
(3) fail to agree with Indiana as to unzoned commercial or industrial areas in which signs may be erected and maintained.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-4. Signs in Adjacent Areas; Standards

Sec. 4. Signs located in an adjacent area must conform to the standards of size, lighting, and spacing set forth in rules adopted by the department under the provisions of an agreement under section 1 of this chapter.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-5. Signs in Unzoned and Zoned Commercial and Industrial Areas

Sec. 5. Signs located in unzoned commercial or industrial areas and zoned commercial or industrial areas must conform to the standards of size, lighting, and spacing set forth in rules adopted by the department under the provisions of an agreement under section 1 of this chapter.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-6. Prohibited Signs

Sec. 6. The following signs may not be erected or maintained in an adjacent area:
(1) Signs that are illegal under state statutes or rules.
(2) Signs not securely affixed to a substantial structure.
(3) Signs that attempt or appear to attempt to regulate, warn, or direct the movement of traffic or that interfere with, imitate, or resemble an official traffic sign, signal, or device.
(4) Signs erected or maintained upon trees, or painted or drawn upon rocks or other natural features.
(5) Signs that are not consistent with this chapter.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-7. Authorized Signs

Sec. 7. The following signs may be erected outside of urban areas beyond six hundred and sixty (660) feet of the right-of-way visible from the traveled way of a highway on the interstate or primary system with the intent of a message being read from the traveled way:
(1) Directional or official signs and notices.
(2) Signs advertising the sale or lease of the property upon which the signs are located.
(3) Signs indicating the name of the business, activities, or profession conducted on the property, or identifying the goods produced or sold, or services rendered on the property.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-8. Directional Signs Within 200 Feet of Right-of-Way

Sec. 8. A person may not erect or maintain in the right-of-way of a highway in the state highway system, or within two hundred (200) feet of the right-of-way, a sign or device directing or indicating on what highway or route a person should travel to reach a designated place or highway without the written consent of the department. The department may remove a sign or device erected or maintained in violation of this section.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-9. Removal of Previously Existing Nonconforming Signs

Sec. 9. (a) A sign lawfully erected in an adjacent area that does not conform to this chapter after June 30, 1968, is not required to be removed until the end of the fifth year after the sign becomes nonconforming.
(b) A sign located beyond six hundred sixty (660) feet of the right-of-way, visible from the traveled way of a highway on the interstate or primary system, that was lawfully erected before July 1, 1976, and does not conform to this chapter is not required to be removed until the end of the fifth year after the sign becomes nonconforming.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-10. Acquisition of Nonconforming Signs

Sec. 10. The department may acquire and shall pay just compensation for the removal of signs that do not conform to this chapter. A removal by the department or sign owner under this chapter constitutes a taking, and the owner shall be compensated under IC 32-24-1. Compensation shall be paid for the following:
(1) The taking from the owner of a sign of all rights, titles, and interests in the sign, and of the owner's leasehold or other interest in the land.
(2) The taking from the owner of the real property on which the sign is located and of the right to erect and maintain signs on the real property.
As added by P.L.18-1990, SEC.229. Amended by P.L.2-2002, SEC.50.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-11. Payment of Compensation

Sec. 11. Compensation under section 10 of this chapter shall be paid to a person entitled to compensation upon the presentation to the department of information that the department requires. The claim for compensation must be filed within one hundred eighty (180) days after the removal is completed. The state's share of the compensation shall be paid from funds appropriated under this section.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-12. Compensation Determination; Civil Actions

Sec. 12. If a claimant under section 11 of this chapter and the department do not reach agreement on the amount of compensation to be paid within one hundred twenty (120) days after the claim is filed, the claimant may file a civil action to have the compensation determined. An action under this section shall be filed in a court of general jurisdiction in either the county where the sign and real property are located or in the county in which the claimant resides. The county of residence of a corporation shall be determined under the applicable statutes. An action under this section shall be filed not later than one (1) year after the filing with the department of a claim for compensation under section 10 of this chapter.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-13. Enforcement of Chapter

Sec. 13. (a) The department shall enforce this chapter.
(b) When the department is notified by a governmental agency of a possible violation of this chapter, the department shall determine whether a violation exists. Whenever the department determines a violation exists, the department shall enter a resolution setting out the nature, extent, and location of the violation and refer the resolution to the attorney general.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-14. Injunctions; Criminal Proceedings

Sec. 14. Whenever the attorney general receives a resolution under section 13 of this chapter, the attorney general shall commence an action in a court having jurisdiction to enjoin the violation of this chapter. The attorney general may also request the prosecuting attorney of the judicial circuit in which the violation has occurred to institute criminal proceedings against the persons responsible for violation of this chapter. The prosecuting attorney shall institute criminal proceedings if requested to do so by the attorney general.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-15. Zoning Powers; Limitations

Sec. 15. (a) Subsection (c) does not apply to signs erected before March 15, 1986.
(b) A board, commission, council, governmental body, or political subdivision that has the legal authority to zone land has authority to zone areas for commercial or industrial purposes. Except as provided in subsection (c), a zoning action taken by a body described in this subsection may be taken under this chapter.
(c) A zoning action taken by a body described in subsection (a) will not be accepted under this chapter if the action is:
(1) not part of a comprehensive plan; and
(2) taken primarily to permit the erection of signs in an adjacent area that is outside an urban area and visible from the traveled way of a highway in the interstate or primary highway system.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-16. Removal, Taking, and Appropriation of Signs; Limitations

Sec. 16. (a) Subsection (b) does not apply to:
(1) actions taken by the department under this chapter; or
(2) the removal, taking, or appropriation of a sign, display, or device prohibited under section 6 of this chapter.
(b) Before an outdoor advertising sign, display, or device is removed, taken, or appropriated through the use of zoning or another power or authority of the state, a state agency, or political subdivision:
(1) the value of the sign, display, or device shall be determined by the taking authority without the use of an amortization schedule; and
(2) the owners of the sign, display, or device and of the real property upon which the sign, display, or device is situated must be paid full and just compensation for the taking.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-17. Location of Junkyards and Scrap Metal Processing Facilities

Sec. 17. A person may not establish, operate, or maintain a junkyard or scrap metal processing facility that is within one thousand (1,000) feet of the nearest edge of a right-of-way of an interstate or primary highway, unless the junkyard or facility conforms to one (1) of the following conditions:
(1) It is screened by natural objects, plantings, fences, or other appropriate means so it is not visible from the main-traveled way of the system.
(2) It is located within an area that is zoned for industrial use.
(3) It is located within an unzoned industrial area.
(4) It is not visible from the main-traveled way.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-18. Screening of Junkyards and Scrap Metal Facilities

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-19. Rules and Regulations for Screening and Fencing

Sec. 19. The department shall adopt rules to govern the location, planting, construction, and maintenance of screens and fences required under this chapter.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-20. Acquisition of Junkyard or Scrap Metal Processing Facility Property; Relocation and Removal Costs

Sec. 20. If the department determines that the topography of the land adjoining a highway in the interstate or primary system will not permit adequate screening of a junkyard or scrap metal processing facility, or that the screening of a junkyard or facility would not be economically feasible, the department may acquire the property on which the junkyard or facility stands by gift, purchase, exchange, or condemnation. The department may pay the costs of relocation, removal, or disposal of a junkyard or facility.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-21. Powers of Political Subdivisions

Sec. 21. A political subdivision may enact and enforce requirements for junkyards and scrap metal processing facilities that are in addition to the requirements of this chapter.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-22. Violations; Notice

Sec. 22. (a) A person who violates section 4, 5, or 6 of this chapter commits a Class C infraction. Whenever the department discovers or is given written notice of a violation by a responsible government agency, the department shall give thirty (30) days notice, by certified mail, to the owner of the property upon which the violation exists. If the owner fails to act within thirty (30) days, then each day of maintenance of the violation beginning on the thirty-first day constitutes a separate offense.
(b) A person who violates section 7 of this chapter commits a Class C infraction.
(c) A person who violates section 8 of this chapter commits a Class B misdemeanor. Whenever the department discovers or is given written notice of a violation by a responsible government agency, the department shall give thirty (30) days notice, by certified mail, to the owner of the property upon which the violation exists. If the owner fails to act within thirty (30) days, then each day of maintenance of the violation beginning on the thirty-first day constitutes a separate offense.
As added by P.L.18-1990, SEC.229. Amended by P.L.1-1991, SEC.84.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-23. Federal Aid; Acceptance

Sec. 23. The department may accept an allotment of funds by the United States, or an agency of the United States, appropriated to carry out 23 U.S.C. 131. The department shall take any necessary action to obtain funds allotted under 23 U.S.C. 131 to receive reimbursement for the federal share of the just compensation paid to owners under sections 10 and 20 of this chapter.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-24. Federal Aid; Appropriation

Sec. 24. The department may not acquire a sign, the real property upon which the sign is situated, a junkyard, or a scrap metal processing facility unless:
(1) the acquisition costs are eligible for not less than seventy-five percent (75%) federal participation;
(2) there are sufficient funds appropriated and immediately available to Indiana; and
(3) the funds have been apportioned by the federal government and notice of the apportionment has been received by the state.
As added by P.L.18-1990, SEC.229.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-25.5. Changeable Message Signs; Rules; Permits; Erection; Compliance

Sec. 25.5. (a) The department may adopt rules under IC 4-22-2 that provide for the issuance of a permit for a changeable message sign erected, operated, used, or maintained in areas described in section 25(a) of this chapter.
(b) A permit authorized by this section may not otherwise violate state or federal law or local ordinances or regulations.
(c) Until the department adopts rules under this section, a person may erect, operate, or use a changeable message sign in an area described in section 25(a) of this chapter, subject to any other requirements of state or federal law or local ordinances or regulations.
(d) This subsection applies to a changeable message sign erected after the owner or operator receives a permit from the department. Notwithstanding any rules adopted by the department after the issuance of the permit, a changeable message sign that is in compliance with the rules in effect at the time a permit is granted for the changeable message sign is considered to be in compliance with the department's rules.
As added by P.L.66-2007, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-25.7. Rules

Sec. 25.7. The department may adopt emergency rules under IC 4-22-2 to implement this chapter. A rule adopted under this section expires only with the adoption of a new superseding rule.
As added by P.L.97-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20. Regulation of Billboards and Junkyards › 8-23-20-27. Taking of Outdoor Advertising Sign; Compensation

Sec. 27. (a) This section applies to a taking of an outdoor advertising sign through:
(1) the power of eminent domain under IC 32-24; or
(2) a change that prohibits a conforming outdoor advertising sign from being elevated or relocated under section 25.6 of this chapter.
(b) As used in this section, "condemnor" means:
(1) any person authorized by Indiana law to exercise the power of eminent domain; and
(2) an agency of the state that must provide compensation to the owner of a conforming outdoor advertising sign under section 25.6 of this chapter.
(c) As used in this section, "outdoor advertising sign" means a sign that is located along the interstate and primary system, as defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway where control of outdoor advertising signs is required under 23 U.S.C. 131.
(d) A condemnor that acquires an outdoor advertising sign and its associated rights under this section shall pay full and just compensation to the owner of the outdoor advertising sign in an amount equal to the fair market value of the interests associated with the outdoor advertising sign, including, but not limited to, leasehold interests and access rights.
(e) An appraiser shall calculate the fair market value by considering all valuation approaches based upon the standards governing recognized valuation approaches to fair market value.
As added by P.L.97-2022, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20.5. Relocation of Conforming Billboards › 8-23-20.5-1. Applicability of Chapter

Sec. 1. This chapter applies to an outdoor advertising sign that is eligible to be relocated as a conforming sign under IC 8-23-20-25.6(c) and IC 8-23-20-25.7.
As added by P.L.97-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20.5. Relocation of Conforming Billboards › 8-23-20.5-2. "Market Area"

Sec. 2. As used in this chapter, "market area" has the meaning set forth in IC 8-23-20-25.6(a).
As added by P.L.97-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20.5. Relocation of Conforming Billboards › 8-23-20.5-3. Special Exception or Variance; Compensation by County or Municipality; Eminent Domain Action

Sec. 3. (a) If a county or municipality either:
(1) subject to IC 8-23-20-10, does not amend its zoning ordinance as necessary to provide for a special exception to the zoning ordinance for the relocation of an outdoor advertising sign; or
(2) does not approve a variance to the zoning ordinance filed by the outdoor advertising sign's owner that conforms to the filing requirements;
the county or municipality that did not approve the relocation of the outdoor advertising sign within the market area is responsible for the payment of full and just compensation for the outdoor advertising sign under IC 8-23-20-27, including any costs and fees associated with a variance application, if applicable, to the outdoor advertising sign's owner.
(b) A county or municipality's consideration of a special exception or variance may not be a basis to delay the appointment of appraisers under IC 32-24-1-9.
(c) If a county or municipality has not approved the relocation of an outdoor advertising sign located within its jurisdiction before the date an action under IC 32-24 is filed, the county or municipality must be named as a party to the action.
As added by P.L.97-2022, SEC.4. Amended by P.L.201-2023, SEC.116.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20.5. Relocation of Conforming Billboards › 8-23-20.5-4. Outdoor Advertising Signs Incapable of Relocation; Appraisal

Sec. 4. (a) If an outdoor advertising sign cannot be relocated within the market area, a court presiding over an action under IC 32-24 shall order, subject to IC 32-24-1-9:
(1) if an appraisal has not already been submitted to the court, an appraisal; or
(2) if an appraisal has already been submitted to the court, a new appraisal;
with instructions to the appraisers that the outdoor advertising sign is not capable of relocation and must be appraised using the method described in IC 8-23-20-27.
(b) If a new appraisal is ordered under subsection (a), the new appraisal may not affect any possession rights obtained under IC 32-24-1-10.
(c) If a new appraisal is ordered under subsection (a), any party to the action may file exceptions to the new appraisal with the court not later than forty-five (45) days after the appraisal report is mailed.
As added by P.L.97-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20.5. Relocation of Conforming Billboards › 8-23-20.5-5. Removal of Outdoor Advertising Sign

Sec. 5. The following apply to the removal of an outdoor advertising sign:
(1) The removal of an outdoor advertising sign by the outdoor advertising sign's owner to allow for construction may not be considered a waiver of the owner's rights under this chapter.
(2) An outdoor advertising sign must be removed by the owner once the amount of damages assessed in the appraisal is deposited with the court pursuant to IC 32-24-1-10.
(3) If the outdoor advertising sign is removed by the owner, the owner is responsible for the cost of the removal, subject to assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655).
(4) If an outdoor advertising sign is removed by the condemnor, the condemnor is responsible for the cost of the removal.
As added by P.L.97-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 20.5. Relocation of Conforming Billboards › 8-23-20.5-6. Rules

Sec. 6. The department may adopt emergency rules under IC 4-22-2 to implement this chapter. A rule adopted under this section expires only with the adoption of a new superseding rule.
As added by P.L.97-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 21. Maintenance of County Roads Used as State Highway Detours › 8-23-21-0.3. "Official Detour Route" Defined

Sec. 0.3. As used in this chapter, "official detour route" means the path the department designates a motorist to use to reach a destination while a state highway, part of a state highway, or state highway bridge is closed to the public as a thoroughfare while under construction, while being repaired, or when closed for any other reason.
As added by P.L.120-1995, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 21. Maintenance of County Roads Used as State Highway Detours › 8-23-21-0.5. "Unofficial Detour Route" Defined

Sec. 0.5. As used in this chapter, "unofficial detour route" means the path that the department in conjunction with local officials determines many motorists have taken or are likely to take in place of the official detour route because the path is or was:
(1) a shorter distance;
(2) a quicker trip;
(3) a simpler route to follow; or
(4) perceived as better by a motorist for any other reason the department recognizes in the department's rules;
than the official detour route or other means the department has prescribed for a motorist to reach a destination while a state highway, part of a state highway, or state highway bridge is closed to the public as a thoroughfare while under construction or while being repaired by the department.
As added by P.L.120-1995, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 21. Maintenance of County Roads Used as State Highway Detours › 8-23-21-1. Maintenance Requirement

Sec. 1. Whenever it is necessary for the department to designate and use a county highway as an official detour route, the department shall keep the highway used as an official detour route in a reasonable state of repair at all times while the highway is being used as an official detour route.
As added by P.L.18-1990, SEC.230. Amended by P.L.120-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 21. Maintenance of County Roads Used as State Highway Detours › 8-23-21-2. Maintenance of Unofficial Detour Route

Sec. 2. (a) When a state highway that was temporarily closed is reopened to traffic as a public thoroughfare, the department shall place the official detour route in the condition agreed to in writing by the department and the county before the official detour route was designated by the department.
(b) When a state highway that was temporarily closed is reopened to traffic as a public thoroughfare, the department shall restore the route that has been determined as an unofficial detour route to a condition that:
(1) is at least as good as the condition the unofficial detour route was in before it was determined by the department to be an unofficial detour route; or
(2) satisfies specifications of a written agreement between the department and the county in which the unofficial detour route is located.
(c) The department is required to restore only one (1) unofficial detour route for each official detour route under this section.
(d) Except as provided in section 4 of this chapter and if the establishment of run arounds is determined to be the most cost effective alternative of all available alternatives, the department shall establish run arounds instead of detours and may install temporary structures or other facilities to render the run arounds usable by persons traveling over the highway.
As added by P.L.18-1990, SEC.230. Amended by P.L.78-1990, SEC.1; P.L.120-1995, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 21. Maintenance of County Roads Used as State Highway Detours › 8-23-21-4. Designation of Official Detour Route

Sec. 4. The department shall designate a county highway as the official detour route if:
(1) the executive of the county through which the county highway passes adopts a resolution consenting to the official detour route; and
(2) under rules adopted by the department, the department determines that it is not more expensive to designate a county highway as an official detour route than it is to provide other means for a motorist to reach a destination.
As added by P.L.120-1995, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 22. Lighting of State Highways › 8-23-22-1. Dangerous Curves, Intersections, and Heavily Traveled Highway and Bridge Sections

Sec. 1. The department may illuminate dangerous curves and intersections and heavily traveled sections of the highways, including bridges, in the state highway system. The illumination shall be accomplished according to nationally recognized engineering standards.
As added by P.L.18-1990, SEC.231.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 22. Lighting of State Highways › 8-23-22-2. Utility and Installation Costs

Sec. 2. The department shall enter into an agreement for the sharing of the utility costs of illumination with cities, towns, and counties when a highway is located in part within a city, town, or county before the installation of lights, except when the state elects to totally fund the illumination. The cost of the installation of lights may be paid by the state and cities, towns, and counties in accordance with the agreement entered into before installation.
As added by P.L.18-1990, SEC.231.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 22. Lighting of State Highways › 8-23-22-3. Interstate and Defense Highway Illumination Costs After June 30, 1985

Sec. 3. Except as provided in an agreement entered into under section 2 of this chapter after June 30, 1985, the department shall pay all costs in connection with illumination of a state highway designated as a part of the national system of interstate and defense highways. The cost of illumination includes installation, repair, energy, and maintenance.
As added by P.L.18-1990, SEC.231.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 22. Lighting of State Highways › 8-23-22-4. Interstate and Defense Highway Illumination Costs Under Agreements in Effect on June 30, 1985

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 23. Miscellaneous Provisions › 8-23-23-1. Rights-of-Way and Easements; Description; Recording

Sec. 1. Whenever a right-of-way or easement for a state, county, or municipal highway is acquired, an accurate description of all rights-of-way and easements shall be filed in the office of the recorder of the county in which the real property is located. The description shall be recorded in the deed records of the county. The county recorder may not charge a fee for filing and recording the description.
As added by P.L.18-1990, SEC.232.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 23. Miscellaneous Provisions › 8-23-23-2. Crosswalk Curb Ramps

Sec. 2. (a) This section applies only to curbs that are constructed or reconstructed after June 30, 1978.
(b) All new construction or reconstruction of public roads or streets funded wholly or in part by funds of the state, a county, a city, or a town must include the installation of permanent curb ramps at crosswalks at all intersections where curbs and permanent sidewalks are constructed.
As added by P.L.18-1990, SEC.232.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 23. Miscellaneous Provisions › 8-23-23-3. Inferior Construction; Permission by Inspectors; Offense

Sec. 3. An inspector who knowingly permits:
(1) construction of a highway contrary to the specifications;
(2) the use of inferior materials not provided for in the specifications; or
(3) the use of a lesser amount of materials than provided for in the specifications;
commits a Level 6 felony.
As added by P.L.18-1990, SEC.232. Amended by P.L.158-2013, SEC.136.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 23. Miscellaneous Provisions › 8-23-23-4. Hoosier High Point

Sec. 4. (a) The point of highest elevation in Indiana is designated as "Hoosier High Point."
(b) The department shall erect and maintain signs to inform persons using the state highway system of the:
(1) location of; and
(2) way to;
the point of highest elevation in Indiana. The commissioner shall determine the design, the number, and the location of the signs required by this subsection.
(c) The location of the point of highest elevation in Indiana shall be indicated on each state highway map prepared by the department.
As added by P.L.113-1993, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24. Tree Planting › 8-23-24-1. Responsibility for Planting Trees

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24. Tree Planting › 8-23-24-3. Supply, Supervision, and Management of Trees

Sec. 3. The division of forestry of the department of natural resources shall supply the trees for use under this chapter, supervise the planting, and manage the trees with the same responsibility and authority as trees in a state forest.
As added by P.L.90-1991, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24.5. Planting Grasses and Other Plants for Energy Production › 8-23-24.5-1. Purpose

Sec. 1. The intent of this chapter is to encourage the use of highway rights-of-way owned by the state to promote the growth and harvesting of vegetation to be used as fuels and other energy products.
As added by P.L.182-2009(ss), SEC.281.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24.5. Planting Grasses and Other Plants for Energy Production › 8-23-24.5-2. "Highway Rights-of-Way"

Sec. 2. As used in this chapter, "highway rights-of-way" refer to highway rights-of-way for which responsibility is assigned to the department.
As added by P.L.182-2009(ss), SEC.281.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24.5. Planting Grasses and Other Plants for Energy Production › 8-23-24.5-3. "Vegetation"

Sec. 3. As used in this chapter, "vegetation" refers to grasses or other plants that are suitable for processing into fuels or other energy products. The term does not include grasses or other plants that may be used to feed livestock.
As added by P.L.182-2009(ss), SEC.281.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24.5. Planting Grasses and Other Plants for Energy Production › 8-23-24.5-4. Authorization for Vegetation Leases

Sec. 4. To the extent permitted by federal law and when consistent with public safety, the department may enter into leases with appropriate persons for the persons to plant, maintain, and harvest vegetation on the highway rights-of-way for use in production of energy.
As added by P.L.182-2009(ss), SEC.281.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24.5. Planting Grasses and Other Plants for Energy Production › 8-23-24.5-5. Required Lease Provisions

Sec. 5. A lease under this chapter must provide for the following:
(1) The lessee is responsible for planting, maintaining, and harvesting the vegetation at the lessee's cost.
(2) The lessee becomes the owner of the vegetation when harvested.
(3) The harvested vegetation must be used for the production of fuels or other energy products.
(4) The lease must include limitations on the height of any vegetation that is grown.
As added by P.L.182-2009(ss), SEC.281.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24.5. Planting Grasses and Other Plants for Energy Production › 8-23-24.5-6. Allowable Lease Provisions

Sec. 6. A lease under this chapter may provide for the following:
(1) Any term of the lease that the department considers best to implement the intent of this chapter, but not for more than four (4) years.
(2) For the lease of parcels of sizes that the department considers the best to implement the intent of this chapter.
(3) Any other provisions that the department considers useful to implement the intent of this chapter.
As added by P.L.182-2009(ss), SEC.281.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24.5. Planting Grasses and Other Plants for Energy Production › 8-23-24.5-7. Awarding of Leases

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 24.5. Planting Grasses and Other Plants for Energy Production › 8-23-24.5-8. Priority Use

Sec. 8. To the extent permitted by federal law, the department shall make the use of highway rights-of-way as provided in this chapter a priority over all other uses.
As added by P.L.182-2009(ss), SEC.281.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 25. High Speed Rail Development Fund › 8-23-25-4. Disbursements

Sec. 4. Money from the high speed rail development fund may be disbursed to the Interstate Rail Passenger Advisory Council under IC 8-3-19-2.
As added by P.L.83-1991, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 25. High Speed Rail Development Fund › 8-23-25-5. Reversion of Funds

Sec. 5. Money in the fund at the end of a fiscal year does not revert to the state general fund or to the industrial rail service fund.
As added by P.L.83-1991, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 26. Utility Relocations › 8-23-26-1. Application of Chapter

Sec. 1. (a) This chapter does not apply to a project let under IC 8-23-11.
(b) This chapter applies only to projects on the state highway system (as defined in IC 8-23-1-40).
As added by P.L.63-1992, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 26. Utility Relocations › 8-23-26-2. Order for Relocation

Sec. 2. If the department determines that the location of a utility's facilities will interfere with a planned highway or bridge construction or improvement project, the commissioner may order the utility to relocate the utility's facilities. An order issued under this section may not take effect less than six (6) months after the date the department requests, in writing, that the utility provide a facilities relocation plan.
As added by P.L.63-1992, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 26. Utility Relocations › 8-23-26-3. Notice of Order to Relocate

Sec. 3. The department shall give notice under IC 4-21.5-3-6 to the utility of the commissioner's order to relocate the utility's facilities.
As added by P.L.63-1992, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 26. Utility Relocations › 8-23-26-4. Appeal of Order

Sec. 4. A utility that receives notice of an order under section 3 of this chapter may appeal the order under IC 4-21.5-3 for the following reasons:
(1) The utility disputes the necessity of the relocation.
(2) The utility determines that the utility cannot relocate the utility's facilities for any reason.
As added by P.L.63-1992, SEC.4.