reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-15. Use of Bond Proceeds; Actions to Compel Performance; Actions Upon Default

Sec. 15. (a) All money received from bonds issued under this chapter shall be applied solely to the acquisition, construction, repair, and maintenance of the storm water system, the cost of the issuance of the bonds, and the creation of any reserve for the bonds.
(b) Any holder of the bonds may bring a civil action to compel performance of all duties required by this chapter of the board issuing the bonds or of any officer of the board, including the following:
(1) Making and collecting reasonable and sufficient user fees lawfully established for service rendered by the storm water system.
(2) Segregating the income and revenues of the department.
(3) Applying the respective funds created under this chapter.
(c) If there is any default in the payment of the principal or interest of any of the bonds, a court having jurisdiction of the action may:
(1) appoint an administrator or receiver to administer the storm water system on behalf of the unit served by the department and the bondholders, with power to:
(A) charge and collect user fees lawfully established sufficient to provide for the payment of the operating expenses and also to pay any bonds or obligations outstanding against the storm water system; and
(B) apply the income and revenues in conformity with this chapter and the ordinance; or
(2) declare the whole amount of the bonds due and payable and direct the sale of the storm water system.
Under a sale ordered under subdivision (2), the purchaser is vested with an indeterminate permit as defined in IC 8-1-2-1 to maintain and operate the storm water system to collect and dispose of storm water for the unit served by the department and its citizens.
As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-16. Charge for Services in a Municipality; Deposit of Funds

Sec. 16. (a) This section applies to a municipality.
(b) The reasonable cost and value of any service rendered to the municipality by the storm water system by furnishing storm water collection and disposal shall be:
(1) charged against the municipality; and
(2) paid for as the service accrues out of:
(A) the current revenues of the municipality, collected or in process of collection; or
(B) the tax levy of the municipality made by it to raise money to meet its necessary current expenses.
(c) The compensation for the service provided to the municipality shall, in the manner prescribed by this chapter, be treated as revenues of the system and paid into the funds created under this chapter.
As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-16.5. Charge for Services in a County; Deposit of Funds

Sec. 16.5. (a) This section applies to a county.
(b) The reasonable cost and value of any service rendered to the county by the storm water system by furnishing storm water collection and disposal shall be:
(1) charged against all the territory in the county, except territory within a municipality; and
(2) paid for as the service accrues out of:
(A) the current revenues of the county, collected or in process of collection; or
(B) the tax levy of the county made by the county to raise money to meet the county's necessary current expenses.
(c) The compensation for the service provided to the county shall, in the manner prescribed by this chapter, be treated as revenues of the system and paid into the funds created under this chapter.
As added by P.L.282-2003, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-18. Remonstrances

Sec. 18. (a) At the time fixed for the hearing or before the hearing, the following persons may file a written remonstrance with the board:
(1) The owner of real property, rights-of-way, or other property to be appropriated under the resolution.
(2) A person injuriously affected by the appropriation.
(3) A person owning real or personal property within the storm water district.
(b) The board shall:
(1) hear all persons interested in the proceedings;
(2) hear all the remonstrances that have been filed; and
(3) take action to confirm, modify, or reject the resolution.
As added by P.L.125-1987, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-19. Appeal

Sec. 19. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the storm water district is located.
(b) A remonstrator desiring to appeal the action of the board shall, within thirty (30) days after the final action of the board, file in the office of the clerk of the circuit or superior court a copy of the order of the board and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against the remonstrator.
(c) The court may hear the appeal only if the question is whether the board acted arbitrarily or capriciously in adopting the resolution.
(d) The cause shall be tried by the court without a jury.
(e) All remonstrances upon which appeals are taken may be consolidated and heard as one (1) claim for relief by the court.
As added by P.L.125-1987, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-20. Property Held in Name of Unit Served by the Department

Sec. 20. All real property, rights-of-way, or other property acquired by purchase or appropriation shall be taken and held in the name of the unit served by the department.
As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-21. Bonds for Proposed Work Projects

Sec. 21. (a) To procure money to pay for the required property and the acquisition, erection, and construction of the proposed work, and in anticipation of the collection of the special benefit tax, the board may issue, in the name of the unit served by the department, special taxing district bonds of the storm water district. The bonds may not exceed the total estimated cost of the work and property to be acquired as provided for in the resolution, including:
(1) all expenses necessarily incurred for supervision and inspection during the period of construction; and
(2) expenses actually incurred preliminary to the acquiring of the necessary property and the construction of the work, including the cost of records, engineering expenses, publication of notices, salaries, and other expenses incurred, before and in connection with the acquiring of the property, the letting of the contract, and the sale of bonds.
(b) After adopting a resolution authorizing the bonds, the board shall certify a copy of the resolution to the fiscal officer, who shall then prepare the bonds. The executive shall execute the bonds, and the fiscal officer shall attest the bonds.
(c) The board may not issue bonds of the storm water district, payable by a special benefit property tax, when the total of the outstanding bonds of the district that are payable from a special benefit property tax, including the bonds already issued and to be issued, exceeds eight percent (8%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15. For purposes of this section, bonds are not considered to be outstanding bonds if the payment has been provided for by an irrevocable deposit in escrow of government obligations sufficient to pay the bonds when due or called for redemption.
(d) The bonds are not a corporate obligation or indebtedness of the unit but are an indebtedness of the storm water district. The bonds and interest are payable:
(1) out of a special benefit tax levied upon all of the property of the storm water district; or
(2) by any other means including revenues, cash on hand, and cash in depreciation or reserve accounts.
(e) The bonds must recite the terms upon their face, together with the purpose for which they are issued.
As added by P.L.125-1987, SEC.1. Amended by P.L.6-1997, SEC.132; P.L.282-2003, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-22. Special Benefit Tax

Sec. 22. (a) To raise the necessary revenues to pay for the bonds issued and the interest on the bonds, the board:
(1) after approval by the fiscal body of the unit served by the department, shall levy a special benefit tax upon all the property of the storm water district in the amount necessary to meet and pay the principal of the bonds as they severally mature, together with all accruing interest; and
(2) shall certify the tax levied each year to the fiscal officer of the unit served by the department at the same time and in the same manner as other levies of the unit are certified.
The tax levied and certified shall be estimated and entered upon the tax duplicate and shall be collected and enforced in the same manner as state and county taxes are estimated, entered, and enforced.
(b) In fixing the amount of the necessary levy, the board:
(1) shall consider the amount of revenues derived by the board from the operation of the storm water system under its jurisdiction above the amount of revenues required to pay the cost of operation and maintenance of the storm water system; and
(2) may, in lieu of making the levy in this section, set aside by resolution a specific amount of the surplus revenues to be collected before maturity of the principal and interest of the bonds payable in the following calendar year.
(c) The special tax shall be deposited in the bond and interest redemption account.
As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.17.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-23. Approval of Bond Issuance by Unit Served by the Department; Applicability of Ic 6-1.1-20

Sec. 23. (a) The board may not issue any bonds authorized by this chapter until it has secured the approval for the issuance of the bonds from the fiscal body of the unit served by the department.
(b) IC 6-1.1-20 applies to the issuance of bonds under this chapter which are or may be payable from the special benefit property tax.
As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-24. Combined Sanitary Sewer and Storm Water System Projects

Sec. 24. (a) Whenever work on a storm water system (that is combined with a sanitary sewer system) necessitates the repair or replacement of all or part of a sanitary sewer system, the entity that owns or maintains the sanitary sewer system shall assume a proportionate share of the cost of repairing or replacing the sanitary sewer system.
(b) The board and the entity that owns or manages the sanitary sewer system shall negotiate the division of the costs described in subsection (a).
(c) If the parties cannot agree to a division of the costs, they shall petition the circuit court, superior court, or probate court of the county where the majority of the systems are located to divide the costs. The circuit court, superior court, or probate court shall hold a hearing on the division of costs within sixty (60) days after receiving the petition. The court shall publish notice of the hearing in accordance with IC 5-3-1. The decision of the court is binding on both parties.
As added by P.L.125-1987, SEC.1. Amended by P.L.84-2016, SEC.35.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-25. Use of Bond Payment Revenues; Pledge of User Fees; Reductions in Fees

Sec. 25. (a) Revenues received by the department may be used to pay for bonds issued to acquire, construct, install, operate, and maintain facilities and land for storm water collection and disposal systems.
(b) If there are bonds outstanding for which user fees were pledged, the board may not rescind user fees or reduce them below a rate that would produce one hundred twenty-five percent (125%) of the highest annual debt service on the bonds issued under this chapter to their final maturity, based on an average of the immediately preceding three (3) years of user fee collections, if the user fees have been levied for the preceding three (3) years. If the user fees have not been levied for the preceding three (3) years, the board may not reduce user fees below a rate that would produce one hundred twenty-five percent (125%) of the highest debt service, based upon a study by a qualified public accountant or financial adviser.
As added by P.L.125-1987, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-26. User Fee Pledges; Effect of Amendments or Repeal of Chapter

Sec. 26. With respect to bonds for which a pledge has been made under section 25 of this chapter, the general assembly covenants with the holders of these bonds that:
(1) this chapter will not be repealed or amended in a manner that will adversely affect the imposition or collection of the user fees under this chapter; and
(2) this chapter will not be amended in a manner that will change the purpose for which revenues from the user fees imposed under this chapter may be used;
as long as those bonds are outstanding.
As added by P.L.125-1987, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-27. Maintenance of Private Property by the Department

Sec. 27. If the department:
(1) uses private property for storm water collection or disposal; and
(2) obtains the consent of the owner of the private property to maintain the private property;
the department shall maintain the private property.
As added by P.L.282-2003, SEC.19.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-28. Screening of Storm Water Outfalls

Sec. 28. A person may not be required to screen a storm water outfall if the pipe diameter of the storm water outfall is less than twenty-four (24) inches.
As added by P.L.282-2003, SEC.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-29. Liens for Unpaid Fees

Sec. 29. (a) Subsections (c), (d), and (e) do not apply to a city that before January 1, 2005, adopted an ordinance establishing procedures for the collection of unpaid user fees under this chapter through the enforcement of a lien.
(b) Fees assessed against real property under this chapter constitute a lien against the property assessed. The lien is superior to all other liens except tax liens. Except as provided in subsections (c) and (d), the lien attaches when notice of the lien is filed in the county recorder's office under section 30 of this chapter.
(c) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before the conveyance to the subsequent owner. If property is conveyed before a lien is filed, the department shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not more than fifteen (15) days after the date of the notice. If payment is not received within one hundred eighty (180) days after the date of the notice, the amount due may be expensed as a bad debt loss.
(d) A lien attaches against real property occupied by someone other than the owner only if the department notifies the owner not later than twenty (20) days after the time the user fees become sixty (60) days delinquent. A notice sent to the owner under this subsection must be sent by first class mail or by certified mail, return receipt requested (or an equivalent service permitted under IC 1-1-7-1) to:
(1) the owner of record of real property with a single owner; or
(2) at least one (1) of the owners of real property with multiple owners;
at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice of the delinquency, or to another address specified by the owner, in a written notice to the department, at which the owner requests to receive a notice of delinquency under this subsection. The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.
(e) The department shall release:
(1) liens filed with the county recorder after the recorded date of conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a verified demand in writing from the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner and that the purchaser has not been paid by the seller for the delinquent fees.
As added by P.L.131-2005, SEC.1. Amended by P.L.196-2014, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 5. Department of Storm Water Management › 8-1.5-5-31. Foreclosure of Liens

Sec. 31. (a) A district may foreclose a lien established by this chapter in order to collect fees and penalties. The district shall recover the amount of the fees and penalties, and a reasonable attorney's fee. The court shall order the sale to be made without relief from valuation or appraisement laws.
(b) Except as otherwise provided by this chapter, actions under this chapter are subject to the general statutes regarding municipal public improvement assessments.
As added by P.L.131-2005, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-1. "Municipal Utility"

Sec. 1. As used in this chapter, "municipal utility" refers to a municipally owned:
(1) water utility;
(2) wastewater utility; or
(3) combined water and wastewater utility;
regardless of whether the municipal utility is under the jurisdiction of the commission for the approval of rates and charges.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-2. "Regulated Territory"

Sec. 2. As used in this chapter, "regulated territory" means the area outside the corporate boundaries of a municipality described in:
(1) IC 36-9-2-18; or
(2) IC 36-9-23-36.
As added by P.L.213-2014, SEC.7. Amended by P.L.277-2019, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-3. "Regulatory Ordinance"

Sec. 3. As used in this chapter, "regulatory ordinance" means an ordinance adopted by a municipality that:
(1) asserts the exclusive authority of a municipal utility to provide service within a regulated territory; or
(2) prohibits another utility from providing utility service in the regulated territory.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-4. "Utility"

Sec. 4. As used in this chapter, "utility" means a utility that provides:
(1) water service;
(2) wastewater service; or
(3) combined water and wastewater service;
regardless of whether the utility is under the jurisdiction of the commission for the approval of rates and charges. The term includes a municipal utility.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-5. "Wholesale Sewage Petition"

Sec. 5. As used in this chapter, "wholesale sewage petition" refers to a petition filed under IC 8-1-2-61.7 for review of rates and charges for wholesale sewage service.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-6. Jurisdiction of Commission

Sec. 6. Notwithstanding any other provision in this title or IC 36, the offering or provision of service by a utility in a regulated territory is under the jurisdiction of the commission as set forth in sections 7, 8, 9, and 10 of this chapter.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-7. Resolution of Service Dispute

Sec. 7. (a) This section applies if:
(1) a municipality adopts a regulatory ordinance before January 1, 2013;
(2) a dispute arises or exists between a utility owned by the municipality and another utility as to which utility provides service to customers that connected to service provided by one (1) of the utilities:
(A) after the date on which the regulatory ordinance was adopted; and
(B) before March 15, 2014; and
(3) the utilities are unable to resolve a dispute described in subdivision (2) through mutual agreement.
(b) Not later than October 1, 2014, a utility shall petition the commission for resolution of the dispute. The petition must be in the form and manner prescribed by the commission. Upon the filing of the petition, the commission shall assume immediate and exclusive jurisdiction over the utilities for purposes of resolving the dispute.
(c) Upon assuming jurisdiction under subsection (b) and after notice and hearing, the commission shall issue an order resolving all issues presented in the petition described in subsection (b), including determining the manner in which the utilities shall provide service to the customers that are the subject of the dispute, in the manner that the commission determines is in the public interest. In making the determination, the commission shall consider the criteria set forth in section 8(g) of this chapter. The commission shall issue the order within three hundred (300) days after the petition described in subsection (b) is filed.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-9. Enforcement of Regulatory Ordinance in Absence of Wholesale Sewage Petition

Sec. 9. (a) This section applies if:
(1) a municipality adopts a regulatory ordinance after December 31, 2012; and
(2) a utility owned by the municipality does not, or is not eligible to, file a wholesale sewage petition.
(b) A municipality may not enforce a regulatory ordinance until the commission issues an order under subsection (c). The municipality shall petition the commission for approval of the regulatory ordinance. The petition must include the following:
(1) A description of the service territory established in the regulatory ordinance.
(2) Proposed rates and charges for the services to be provided in the service territory.
(3) A list of any administrative or judicial proceedings involving the regulatory ordinance.
(4) A list of any utilities actually or potentially affected by the regulatory ordinance.
(c) After notice and hearing, the commission shall issue an order resolving all issues presented in the petition described in subsection (b), including the enforceability of the regulatory ordinance in the manner that the commission determines is in the public interest. In making a determination of the public interest, the commission shall consider the factors set forth in section 8(g) of this chapter. The commission shall issue the order within three hundred (300) days after the petition described in subsection (b) is filed.
(d) If the commission does not approve the petition, the municipality may modify and resubmit the petition in the manner prescribed by the commission. After notice and hearing, the commission shall review the petition as set forth in subsection (c). If the commission does not approve the resubmitted petition, the regulatory ordinance is void.
(e) The municipality may petition the commission to rescind or modify an order issued under subsection (c) not earlier than five (5) years after the date on which the order was issued.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-10. Service Disputes Between Utilities in Regulated Territories

Sec. 10. (a) This section applies to a dispute, other than a dispute described in section 7, 8, or 9 of this chapter, that:
(1) arises between two (2) or more utilities as to which utility will provide utility service in a regulated territory; and
(2) is not the subject of an action initially filed in a court before January 1, 2014.
A dispute shall be resolved by the commission under this section.
(b) A proceeding under this section may be initiated:
(1) by a utility that is a party to a dispute described in subsection (a); or
(2) by the commission on its own initiative.
(c) Throughout a proceeding under this section, the commission shall, where feasible, promote the resolution of the dispute described in subsection (a) through a mutual agreement between the utilities that apportions the provision of utility service in the regulated territory. A mutual agreement described in this subsection is the preferred way of resolving a dispute described in subsection (a). However, to resolve the dispute, a mutual agreement must be approved by the commission in an order issued under subsection (e), and the commission may approve a mutual agreement only if the commission determines that the mutual agreement is in the public interest.
(d) If the utilities are unable to reach a mutual agreement under subsection (c), the commission shall determine the manner in which utilities shall provide service in the regulated territory. In making the determination, the commission shall consider the criteria set forth in section 8(g) of this chapter.
(e) After notice and hearing, the commission shall issue an order:
(1) approving a mutual agreement under subsection (c); or
(2) making a final determination under subsection (d).
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-11. Expansion of Service Territory After Adoption of Regulatory Ordinance

Sec. 11. This section applies to a municipality that:
(1) after December 31, 2012, adopts a regulatory ordinance that establishes a service territory that is smaller than the regulated territory; and
(2) either:
(A) amends the ordinance described in subdivision (1); or
(B) adopts a new ordinance;
to establish a service territory that is larger than the service territory described in subdivision (1).
Before an ordinance described in subdivision (2) may take effect, the municipality shall submit the ordinance to the commission for approval under section 9 of this chapter.
As added by P.L.213-2014, SEC.7. Amended by P.L.5-2015, SEC.23.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-12. Order of Commission Is Final Order

Sec. 12. An order issued by the commission under this chapter is a final order for purposes of IC 8-1-3 and is enforceable in court.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 6. Utility Service in Regulated Territories › 8-1.5-6-13. Petition Not Subject to Certain Requirements

Sec. 13. A petition filed under this chapter is not subject to the following:
(1) IC 8-1.5-3.
(2) IC 36-9-23.
(3) IC 36-9-25.
As added by P.L.213-2014, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 3. Fraudulent Bills of Lading › 8-2-3-1. Fraudulent Bills of Lading; Offense

Sec. 1. A person who, with intent to defraud:
(1) falsely makes, alters, forges, counterfeits, prints, or photographs any bill of lading purporting to represent goods received for shipment intrastate in Indiana;
(2) utters or publishes as true and genuine any such falsely made, altered, forged, counterfeited, printed, or photographed bill of lading; or
(3) issues, negotiates, or transfers for value a bill which contains a false statement as to the receipt of the goods, or as to any other matter;
commits a Level 6 felony.
Formerly: Acts 1943, c.53, s.41. As amended by Acts 1978, P.L.2, SEC.810; P.L.158-2013, SEC.132.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 4. Fatal Accidents Involving Common Carriers › 8-2-4-1. Leaving Scene of Accident

Sec. 1. When any person shall have come to his death by violence or casualty caused by a collision with a train, car or other conveyance of any common carrier, it shall be lawful for such train, car or conveyance to proceed on its journey before the arrival of the coroner and the holding of an inquest, if the body of such person be left in charge of a member of the crew of such train, car or other conveyance, or of some other agent of such common carrier.
Formerly: Acts 1939, c.29, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 6. Disposition by Common Carrier of Unclaimed Property › 8-2-6-1. Time for Sale

Sec. 1. When any freight or any baggage of passengers has been conveyed by a common carrier to any point in this state and shall remain unclaimed for the space of three (3) months at the place to which it is consigned or checked, and the owner, whether known or unknown, fails, within that time, to claim such freight or baggage, and to pay the proper charges, if any there be against it, then it shall be lawful for such common carrier to sell such freight or baggage at public auction, offering each box, bale, trunk, valise or other article separately as consigned or checked.
Formerly: Acts 1865(ss), c.97, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 6. Disposition by Common Carrier of Unclaimed Property › 8-2-6-2. Notice of Sale; Sale; Proceeds; Disposition

Sec. 2. Sixty (60) days' notice of the time and place of sale and a descriptive list of the articles to be sold, with the names, numbers, or other marks found thereon, shall be posted up in three (3) public places of the county where the sale is to be made and one (1) on the door of the depot or warehouse, if any, where the goods are; and shall also give notice in at least one (1) paper in the county for sixty (60) days before sale; and, out of the proceeds of such sale, the carrier shall pay the proper charges on such freight or baggage, including costs for storage for the previous three (3) months, and hold the overplus, if any, subject to the order of the owner, at any time with five (5) years, on proof of ownership, made by the affidavit of the claimant or his duly authorized agent or attorney. Also, after five (5) years, all sums of money remaining unclaimed to be paid into the county treasury, to be placed to the account of common schools.
Formerly: Acts 1865(ss), c.97, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 6. Disposition by Common Carrier of Unclaimed Property › 8-2-6-3. Records; Inspection

Sec. 3. The carrier shall keep a copy of the notice, a copy of the sale-bill, and the expenses thereof proportioned to each article sold, and also the oath of the claimant of the residue of the proceeds as aforesaid; and shall furnish an inspection of the same, and, if required, copies thereof, to any one, on payment of the proper charges therefor.
Formerly: Acts 1865(ss), c.97, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 6. Disposition by Common Carrier of Unclaimed Property › 8-2-6-4. Perishable Property or Live Stock

Sec. 4. If any perishable property or live stock shall be so conveyed, either as freight or baggage as aforesaid, and remain unclaimed until in danger of great depreciation, or such live stock be falling away because the carrier has not facilities to feed and water the same, then the carrier may, after the expiration of five (5) days from the time said property is conveyed to the place to which it is consigned or checked, sell, at private sale or auction, without giving the sixty (60) days notice, for the best price it will bring, and apply the proceeds as aforesaid.
Formerly: Acts 1865(ss), c.97, s.4. As amended by P.L.5-1988, SEC.49.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-1. License; Application; Duration

Sec. 1. No person, company or corporation shall be permitted to keep, have or maintain any public ferry across any stream running through or bounding on any county in this state, to and from any points without the limits of this state, without first having obtained a license from the board of commissioners of the proper county for that purpose. Such license shall continue in force for five (5) years, and application therefor must be in writing.
Formerly: Acts 1881(ss), c.52, s.1; Acts 1911, c.126, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-2. License; Publication of Intention to Establish

Sec. 2. The board shall not grant a license to the applicant unless he shall produce satisfactory evidence to the court that he has set up in the township where the ferry is proposed to be kept and maintained written or printed notices in three (3) public places of his intention to apply to such board for a license to keep a ferry: Provided, There be a newspaper of general circulation published in the township where such ferry is to be kept, such notice may be given by publishing same in such newspaper not less than ten (10) days before the meeting of said board of commissioners.
Formerly: Acts 1881(ss), c.52, s.2; Acts 1911, c.126, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-3. License; Fee; Operating Interstate Ferry

Sec. 3. The board, upon being satisfied that the notice hereby required has been given and that a ferry is needed at such place and that the applicant is a suitable person, may grant to the applicant a license to keep and maintain the same for the term of five (5) years, on his paying to the county treasurer of the proper county as a license fee a sum to be fixed by the board, not less than two dollars ($2.00), nor more than fifty dollars ($50.00) per year, and said license fee may be paid in full for the five (5) years in advance or yearly in advance as said board may direct and order.
Formerly: Acts 1881(ss), c.52, s.3; Acts 1911, c.126, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-4. Recognizance; Licensee

Sec. 4. Before such license shall be granted, the applicant shall produce the county treasurer's receipt for the sum so fixed, and shall also enter into a recognizance to the state of Indiana, in a penal sum to be fixed by such board, not less than one hundred dollars ($100) nor more than five hundred dollars ($500), with at least one (1) sufficient freehold surety, conditioned faithfully to keep and maintain such ferry with good and sufficient boats for the safe conveyance of persons and property, a sufficient number of hands to work and manage such boats, together with sufficient implements and appliances for such ferry, during the several hours in each day, and at such rates of ferriage as the board granting the license shall from time to time order and direct, which recognizance shall be kept on file with the county auditor.
Formerly: Acts 1881(ss), c.52, s.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-5. Mutual Rights; Landowners on Both Sides of Stream

Sec. 5. The person owning or possessing lands on both sides of any stream where a ferry is proposed to be established shall have the exclusive right of a license for a ferry at such place; and when the opposite banks are owned by different persons, the right to the ferry shall be mutual; but if the owner does not apply, the board shall grant a license to any person applying for the same; except where either of the landings is not on a public highway, the consent of the owner of the ground shall first be had in writing.
Formerly: Acts 1881(ss), c.52, s.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-6. Temporary Permit to Operate During High Water

Sec. 6. Nothing in this chapter shall be so construed as to prevent any person from ferrying passengers across a small stream in high water; and the board may authorize the auditor to give any person a permit for such purpose, when, in its opinion, the stream is too small to justify the expense of a license. When any person applies for a renewal of the person's license at the same place where the person kept and maintained a ferry during the preceding year, upon payment of the license fee and filing of a new recognizance, executed and conditioned as above provided, the license may be granted or renewed without notice or formal application in writing.
Formerly: Acts 1881(ss), c.52, s.6. As amended by P.L.136-2018, SEC.78.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-7. License; Recordation Fee

Sec. 7. The auditor shall record each license; and for the issuing of a license, he shall receive from the applicant a fee of fifty cents (50 cents).
Formerly: Acts 1881(ss), c.52, s.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-8. Number of Boats; Hours for Operation

Sec. 8. Each licensed ferry-keeper shall constantly keep a sufficient number of boats, if more than one (1) be required by the board of commissioners, and give due attendance to the transportation of all persons, with their property, who shall apply for the same, between daylight in the morning and dark in the evening, and at any hour of the night, if required, except in cases of evident danger, to all other persons requiring the same, on their tendering double the rate of ferriage allowed to be taken in the daytime; and such board may require such ferry-keepers to keep such ferry open till midnight.
Formerly: Acts 1881(ss), c.52, s.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-9. Banks of River or Creek

Sec. 9. All persons, companies, or corporations keeping, having, or maintaining any public ferries across any stream to and from any point in Indiana shall cause the banks of the river or creek to be dug sufficiently low and kept in good passable order for the passage of persons, horses, and wagons and other vehicles.
Formerly: Acts 1881(ss), c.52, s.9. As amended by P.L.4-2006, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-10. Rates and Charges; Appeal

Sec. 10. The rates of ferriage shall be fixed by the board of county commissioners at the time of licensing the ferry, and from time to time thereafter, as they shall think proper; and it shall be the duty of the auditor to furnish every applicant, on taking out a license to keep a ferry, with a list of the rates of ferriage, which list the ferry-keeper shall put up either at the door of the ferry-keeper's ferryhouse, or on the ferry-keeper's boats, or on some conspicuous place convenient to the ferry. However, if any person be aggrieved by the establishing of such rates, the person shall have the right to appeal to the circuit court of the proper county upon filing a bond within thirty (30) days (of) the fixing of the same by such board, payable to the state of Indiana, with security to be approved by the county auditor, and conditioned for the due prosecution of such appeal and the payment of all costs if judgment be rendered against such appellant, and the county auditor shall cause such bond, with a certified copy of the proceedings of said board and all of the original papers of the same, to be filed in the office of the clerk of the circuit court within twenty (20) days thereafter, and such cause shall be docketed for the ensuing term, and further proceedings had and judgment rendered by the circuit court as in other cases of appeal. And upon such appeal, the circuit court shall have the power to review such rates of ferriage and fix the same as may be just and proper.
Formerly: Acts 1881(ss), c.52, s.10; Acts 1897, c.73, s.1. As amended by P.L.136-2018, SEC.79.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-11. Discontinuance

Sec. 11. If any ferry shall not be furnished with the necessary boats and ferrymen within six (6) months after the establishment thereof, or if the proprietor shall willfully neglect to attend to the same, or shall fail to comply with any of the requirements of the proper board of commissioners, such board, on complaint to them, shall cause the proprietor of such ferry to be summoned to show cause, at the next meeting of the board, why such ferry shall not be discontinued; and such board shall vacate such ferry or dismiss such complaint, according to the testimony adduced, and may award costs against the complainant, if such complaint is dismissed, or against the proprietor, if the ferry be vacated.
Formerly: Acts 1881(ss), c.52, s.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-12. Landings; Obstruction

Sec. 12. It shall not be lawful to obstruct, by steamboats, keelboats, flatboats, or otherwise, the landings of ferries established under this chapter, but such ferries shall be entitled to the exclusive use of the whole width of the routes leading thereto for all appropriate purposes.
Formerly: Acts 1881(ss), c.52, s.12. As amended by P.L.59-1984, SEC.112.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-13. Operation Without License or Authorization

Sec. 13. (a) A person who keeps, maintains, works, or runs a ferry without being licensed or authorized according to this chapter commits a Class C infraction.
(b) Each day of violation of subsection (a) constitutes a separate offense.
Formerly: Acts 1881(ss), c.52, s.13. As amended by Acts 1978, P.L.2, SEC.815; P.L.137-2021, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 15. Ferries ─ Licensing by Counties › 8-2-15-14. Violation of Conditions of License

Sec. 14. A person licensed under this chapter who does any act in violation of the conditions of his license commits a Class C infraction.
Formerly: Acts 1881(ss), c.52, s.14. As amended by Acts 1978, P.L.2, SEC.816.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 16. Ferries─state Purchase of Displaced Ferries › 8-2-16-1. Valuation of Property

Sec. 1. (a) Within one (1) year after the opening for public use of any interstate bridge, the construction of which is authorized by any law of the state, regardless of the state agency, commission, or administrative body authorized to make such construction, the state agency, commission or administrative body so authorized to construct, operate, and maintain any interstate bridge shall purchase the ferry, equipment, real estate or interests therein, franchises, rights, and privileges used in connection with the operation of any ferry which has been in continuous operation for at least fifteen (15) years prior thereto and which is located within ten (10) miles of the site of the bridge, and pay the owner therefor a fair cash value. If the agency, commission, or administrative body and the owner of the ferry shall be unable to agree upon a fair cash value, the valuation of the property shall be determined in the manner provided by law for the condemnation of property for appropriate county purposes by counties. In the event the owner of the ferry shall not agree to the establishment of the valuation according to the foregoing method, then the agency, commission, or administrative body shall not be required to purchase the assets from the owner of the ferry.
(b) In the event that any agency, commission, or administrative body shall purchase any ferry, equipment, or real estate or interests therein, they shall forthwith proceed to have appraised and to sell the ferry, equipment, and real estate or rights. After the appraisal and proposed sale of the property, it shall be first offered for sale for a period of not less than ninety (90) days to the local, county, or municipal unit of government in which the ferry, equipment, and real estate or rights therein are situated.
Formerly: Acts 1961, c.334, s.1. As amended by Acts 1978, P.L.56, SEC.1; P.L.18-1990, SEC.29.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 16. Ferries─state Purchase of Displaced Ferries › 8-2-16-2. "Interstate Bridge" Defined

Sec. 2. For the purposes of this chapter the term "interstate bridge," means any bridge across a navigable stream one terminus of which is located in the state of Indiana and the other terminus which is located in a neighboring state other than the state of Illinois.
Formerly: Acts 1961, c.334, s.2. As amended by Acts 1978, P.L.56, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2. Regulation of Carriers Generally › Chapter 16. Ferries─state Purchase of Displaced Ferries › 8-2-16-3. Scope of Law

Sec. 3. The provisions of this chapter shall apply to any bridge or bridges constructed by or paid for by, in whole or in part, any agency, commission or administrative body of the state of Indiana acting alone or in conjunction with any agency, commission or administrative body of any other state or with any agency, commission or administrative body of the Federal Government.
Formerly: Acts 1961, c.334, s.3. As amended by Acts 1978, P.L.56, SEC.3.