reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-5. Changes in Highway and Street Systems

Sec. 5. A highway or street system established under this chapter may not be changed for two (2) years following establishment of the system. A system established under this chapter shall be reviewed at five (5) year intervals, or more frequently if considered desirable, and adjustments found necessary or desirable as a result of a change in conditions may be made.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-6. Highway and Street System Maps

Sec. 6. The commissioner shall at all times maintain maps of Indiana, which must show all the highways that constitute the state highway system, the arterial and local highway systems of each county, and the arterial and local street systems of each municipality.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-7. Cooperation of Director With Executives and Municipalities

Sec. 7. The state aid director shall cooperate with the executives and municipalities to ensure coordination and continuity between all systems.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-8. Changes in Location of State Highways

Sec. 8. The department may change the location of a state highway for the following reasons:
(1) To reduce the length of the highway.
(2) To eliminate steep grades or sharp turns.
(3) To widen narrow parts.
(4) To promote public convenience and safety.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-9. Abandonment of Rights-of-Way; Reversion or Release; Consideration

Sec. 9. (a) Whenever the department determines that a part of a right-of-way of a highway will not be needed for highway, street, or road purposes, or to reach the premises of a person other than the owner of the original right-of-way, the commissioner may, by executive order, declare that part of the right-of-way to be no longer useful or necessary for a highway purpose.
(b) A part of a right-of-way subject to an order under subsection (a) ceases to be a public highway and reverts to the person lawfully entitled to the reversion.
(c) If the department acquired the right-of-way subject to an order under subsection (a) by purchase, the department shall demand a consideration in money for the release of the right-of-way, and the release becomes final only upon payment of the consideration. A payment under this subsection shall be credited to the account of the department and allocated to the fund out of which the right-of-way was purchased. The amount of consideration must be equal to the fair market value of the right-of-way as determined by appraisers employed by the department.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-10. Transfer of State Highways to County and Municipal Systems

Sec. 10. Whenever the department determines that, because of the construction of a new state highway, the relocation of a state highway, or a change in general function or use, a part of the state highway system no longer meets the criteria established in section 2 of this chapter for a highway in the state system but that the highway continues to serve a useful purpose, that part of the system may be transferred to a county highway system or a municipal street system.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-11. Transfer of County and Municipal Highways and Streets to State System

Sec. 11. Whenever a county or municipality determines that, because of a change in general function or use, an arterial or local highway or street serves a state function, the highway or street may be transferred to the state system.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 4. General Highway, Road, and Street Provisions › 8-23-4-12. Transfer of Roads and Streets Between Systems; Memorandum

Sec. 12. The transfer of roads or streets between systems requires a memorandum of agreement signed by both the transferring agency or unit of government and by the agency or unit of government assuming jurisdiction over the road. The memorandum must state the following:
(1) The purpose of the transfer.
(2) The effective date of the transfer.
(3) Any conditions agreed to by the signers.
As added by P.L.18-1990, SEC.213.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 5. State Highways › 8-23-5-1. Encroachment on State Highways; Removal, Prevention, and Termination; Notice; Entry; Costs; Exceptions

Sec. 1. (a) The department may remove, prevent, or terminate an encroachment onto a state highway, right-of-way, or other department property, including drainage onto the highway, right-of-way, or other property.
(b) If the department determines that an encroachment exists, the department shall give notice by certified mail to the owner and the occupant of the property from which the encroachment has occurred and by posting a copy of the notice in a conspicuous place on the property. The notice must specify the encroachment and the period of time within which the encroachment must be removed, terminated, or prevented. The period of time specified in the notice may not be less than thirty (30) days.
(c) If the encroachment has not been removed, terminated, or prevented within the period of time specified in the notice under subsection (b), the department may enter the property from which the encroachment has occurred and take whatever action the department considers necessary to remove, terminate, or prevent the encroachment.
(d) The cost of the department's removal, termination, or prevention of an encroachment under subsection (c) shall be paid by the owner of the property from which the encroachment has occurred. The department shall bill the owner for the cost. If the bill remains unpaid for a period of thirty (30) days, the department shall file the bill with the clerk of the circuit court of the county in which the property is located. The clerk shall immediately enter the bill on the judgment docket against the owner of the property, and the bill is a lien against the property. The lien may be foreclosed in the same manner as other judgment liens, without relief from valuation or appraisement laws or right of redemption.
(e) Where an awning, canopy, marquee, advertising sign, or similar encroachment extending over a highway right-of-way was in place on August 12, 1963, and is supported entirely from outside the highway right-of-way, the encroachment may remain if the department determines that the encroachment will not impair the highway or interfere with the free and safe flow of traffic on the highway.
As added by P.L.18-1990, SEC.214.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 5. State Highways › 8-23-5-3. Construction of Railroad Viaducts

Sec. 3. (a) The department may construct a viaduct where a railroad yard and tracks adjacent to a railroad yard intersect the direct route of a through street in a city or town that directly connects with a state highway designated as a principal arterial highway if the owner of the railroad yard or tracks agrees to grant an easement to build a viaduct. The easement shall be granted without compensation or damages allowed to the owner of the railroad yard or tracks.
(b) A viaduct authorized under subsection (a) shall be constructed according to plans and specifications adopted by the department in the same manner as state highways are constructed. The department may contract with the owner of the railroad yard or tracks to have the viaduct built by the owner of the railroad yard or tracks.
As added by P.L.18-1990, SEC.214.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 5. State Highways › 8-23-5-4. Improvement of Certain Connecting Streets and Roads

Sec. 4. Whenever:
(1) the department improves a state highway that is connected with a city street or road; and
(2) the state owns property in the city;
the department shall improve the part of the connecting street or road that runs through or abuts the state owned property to conform with the standards adopted for the construction and improvement of state highways.
As added by P.L.18-1990, SEC.214.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 5. State Highways › 8-23-5-5. Construction of Sidewalks

Sec. 5. The department may construct sidewalks on and along a highway in the state highway system outside the corporate limits of a city whenever the department considers that sidewalks are necessary for the protection and safety of pedestrians.
As added by P.L.18-1990, SEC.214.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 5. State Highways › 8-23-5-6. Maintenance of State Institution Roadways

Sec. 6. (a) The department shall maintain all highways and driveways located on the premises of institutions operated by the state, including the state fairgrounds upon a request for maintenance by the institution. The expense of maintaining a highway or driveway under this subsection shall be paid by the department, subject to the approval of the governor.
(b) The department shall:
(1) maintain public roads, parking areas, trails, and appurtenant structures constructed on properties of the department of natural resources; and
(2) construct new roads, parking areas, trails, and appurtenant structures on properties owned by the department of natural resources:
(A) upon the request of the department of natural resources;
(B) subject to the approval of the engineers of the department of natural resources as to the design and location of the new roads to preserve scenic values; and
(C) subject to the approval of the governor.
As added by P.L.18-1990, SEC.214. Amended by P.L.110-1993, SEC.1; P.L.195-2017, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 5. State Highways › 8-23-5-7. Construction and Maintenance of Roadside Parks and Connecting Highways

Sec. 7. (a) As part of the state highway system, the department may lay out, construct, and maintain roadside parks and highways that connect a state highway with a state park, state forest reserve, state game preserve, or a state institution. A connecting highway constructed under this subsection shall be constructed in the same manner as a state highway.
(b) Before a roadside park or connecting highway described in subsection (a) may be constructed within the boundaries of a state institution, park, reserve or preserve, the board of trustees of the state institution, park, reserve, or preserve must adopt a resolution approving the construction.
(c) The department may cooperate with a county highway authority having jurisdiction over a county highway that connects a state park, state forest reserve, state game preserve, or state recreation area with a state highway. The department shall undertake construction and maintenance responsibilities under this subsection upon the request of the department of natural resources if the request is approved by the governor.
(d) Expenditures incurred by the department in carrying out this section shall be made from the motor vehicle highway account before distribution to local units of government. Before an expenditure may be made under this subsection, an appropriation authorizing the expenditure must be made.
As added by P.L.18-1990, SEC.214.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 5. State Highways › 8-23-5-8. Installation of Vending Machines in Interstate Highway Rest Areas

Sec. 8. (a) The department may install vending machines for items including food, drink, candy, and first aid kits in rest areas on the interstate highway system.
(b) Installation of the vending machines must conform with federal and Indiana law.
As added by P.L.18-1990, SEC.214. Amended by P.L.28-2004, SEC.75; P.L.130-2018, SEC.32.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 6. State Highways in Municipalities › 8-23-6-1. Selection of Routes; Maintenance; Construction of Drainage Structures

Sec. 1. (a) The department shall select the route of highways in the system of highways under its control through cities and towns, and may change the routes as the department determines most convenient for public travel.
(b) Notwithstanding subsection (a) and in or near the city of Mishawaka, Indiana, the portion of Capital Avenue lying between:
(1) the most recently established US 20 bypass as of January 1, 1997; and
(2) the Indiana toll road;
is designated state route number three hundred thirty-one (331).
(c) The department, to the extent of the funds available for the purpose, shall maintain and, as it determines necessary and as the funds required are available, may construct and improve the roadway of the streets or a part of the streets to the width determined by the department. As part of the construction work, the department shall construct within the limits of a street the curbs and gutters, manholes, catch basins, and the necessary drainage structures and facilities.
(d) Notwithstanding subsection (c), funds for the construction or improvement of the road designated as state route three hundred thirty-one (331) under subsection (b), to the extent funds are available for the construction or improvement, shall first be exhausted from:
(1) revenue declared excess by the Indiana toll road;
(2) federal aid designated for the local metropolitan planning organization;
(3) city and county highway funds used for such purpose; and
(4) revenue generated from local incremental finance districts;
before any funds designated to the department are used for construction or improvement of state route three hundred thirty-one (331).
As added by P.L.18-1990, SEC.215. Amended by P.L.89-1997, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 6. State Highways in Municipalities › 8-23-6-2. Construction of Outside Drainage Facilities and Sidewalks

Sec. 2. If the construction of a street necessitates the construction of adequate connecting facilities outside the limits of the street to provide for drainage of the street, the necessary mains, laterals, and connections shall be provided for in the plans, included as part of the construction cost, and paid out of the department's appropriation. However, if the drainage facilities outside the street are to be used for a purpose or purposes in addition to that of draining the street, a proportionate share of the cost of construction shall be paid by the beneficiaries of the drainage other than the department in a ratio of the amount of waste water attributable to the other users as compared with the total capacity of the drainage facilities. The department shall determine the ratio. The department need not proceed with construction until the time that an agreement with the municipality has been effected concerning the payment of costs for drainage use other than that which is required for state highway drainage. If the construction of a street in the state highway system within the boundaries of a city or town necessitates the construction of a bridge, overhead or subway structure, and sidewalks are required as a part of the structure, the sidewalks shall be provided for in the plans, included as part of the construction cost, and paid out of the department's funds.
As added by P.L.18-1990, SEC.215.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 6. State Highways in Municipalities › 8-23-6-3. Construction and Maintenance of Streets Surrounding Railway Tracks, Pipes and Conduits, Drainage Facilities, and Sidewalks; Regulation of Traffic

Sec. 3. (a) Whenever a street on the state highway system is located within the boundaries of a city or town and is occupied by the track or tracks of a street railway, interurban railway, or steam railroad, the department is not required to maintain, construct, or improve the part of the street between the track or tracks and for eighteen (18) inches on the outside of the outer rails. The department shall include as part of the construction cost and pay out of department funds any expenditures necessitated by the acquisition of sufficient rights-of-way to construct the street.
(b) If there are any tracks, pipes, or conduits in a street, the department may, after determining to construct or improve the street, require the owner to restore to good condition or renew the tracks, pipes, or conduits. The owner, within ninety (90) days after being notified to do so, shall restore or renew the tracks, pipes, or conduits. For tracks, the owner shall pave the part of the street between the rails of the tracks and eighteen (18) inches on the outside in conformity with plans approved by the department.
(c) If the construction work on tracks, pipes, or conduits involves work of a nature as to be impractical or impossible of performance as a separate unit, the department may by agreement with the owner perform the work for which the owner shall reimburse the department for the cost.
(d) Upon the completion of a street, the department shall maintain the roadway of the street, including the curbs and gutters, catch basins, and inlets within the limits of the street or highway that form integral parts of the street or highway. The city or town shall maintain the sidewalks, grass plats, and the connecting drainage facilities.
(e) Whenever the department has responsibility for maintenance of a street within a city or town, the department shall regulate traffic in accordance with IC 9-21 on the street and may remove any hazard to traffic.
As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991, SEC.64.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 6. State Highways in Municipalities › 8-23-6-4. Business Routes; Improvement and Maintenance

Sec. 4. Whenever:
(1) the department designates a business route or a special route as an alternate to a state highway;
(2) the route is laid out through a city or town; and
(3) no other state highway is routed over the business or alternate route;
the city or town is responsible for any improvements to or maintenance of the street.
As added by P.L.18-1990, SEC.215.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 6. State Highways in Municipalities › 8-23-6-5. Construction, Improvement, and Maintenance by Municipalities

Sec. 5. This chapter does not annul, limit, or abridge the right of a city or town, either at its own expense or at the expense of property owners subject to assessment, to improve the sidewalks and curbs along a street forming the route of a state highway, to construct sewers and drains, or to construct or maintain a part of the roadway of the street not improved or maintained by the department. The city or town shall provide adequate drainage for the street except as otherwise provided in this chapter. Except as expressly provided in this chapter and subject to IC 9-21, this chapter does not limit the right of a city or town to regulate traffic over a street over which a highway is routed or to relieve the city or town of liability now imposed by law. The cost of improvement, except as otherwise provided in this chapter, shall be paid for out of the funds appropriated to the department. Whenever a person, firm, limited liability company, or corporation, other than a municipal corporation, is required or obligated by a law, ordinance, or contract to keep in repair or to maintain or to construct a street, any part of a street, or any railroad, interurban railroad, or street railroad crossing, or any structure or bridge thereon, this chapter does not relieve the person, firm, limited liability company, or corporation or the receiver thereof from the duty, obligation, or contract.
As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991, SEC.65; P.L.8-1993, SEC.153.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 6. State Highways in Municipalities › 8-23-6-6. Excavations, Obstructions, and Utility Work; Restrictions; Violations

Sec. 6. (a) An opening may not be made in:
(1) a highway in the state highway system;
(2) the right-of-way of a state highway; or
(3) the roadway of a street of a city or town over which a state highway is routed and which the department is required to maintain;
and a structure or obstruction may not be placed in a highway or roadway of a state highway without the consent of the department. A highway or roadway may not be dug up for laying or placing a pipe, sewer, pole, wire, conduit, track, or railway or for any other purpose, and trees may not be removed from the right-of-way of a state highway without the written permit of the department, and then only in accordance with the rules of the department. The work shall be done under the supervision and to the satisfaction of the department, and the entire expense of restoring the highway or street in as good condition as before shall be paid by the person to whom the permit is given.
(b) The department may require, before the granting of a permit, that a sufficient bond be given, or cash deposit made, to insure the restoration of the highway or street. In granting a permit, the department may designate the place in the street, highway, or right-of-way thereof where the pipe, sewer, pole, wire, conduit, track, railway, or other device or thing may be constructed.
(c) A person who violates this section commits a Class C infraction.
As added by P.L.18-1990, SEC.215.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 19 of this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.
As added by P.L.220-2011, SEC.205.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-1. Application of Chapter

Sec. 1. Except as otherwise provided in this chapter, IC 32-24-1 applies to real property transactions conducted by the department.
As added by P.L.18-1990, SEC.216. Amended by P.L.2-2002, SEC.48.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-2. Purposes for Acquiring Real Property

Sec. 2. The department may acquire real property for any purpose necessary to carry out this article, including the following:
(1) To locate, relocate, construct, reconstruct, repair, or maintain a state highway, including area for:
(A) the placement of a utility facility within the right-of-way of the state highway system; or
(B) the relocation of a utility facility within the right-of-way of the state highway system due to interference with a highway improvement project.
(2) To widen or straighten a highway.
(3) To clear and remove obstructions to vision at crossings and curves.
(4) To construct weigh stations and rest areas.
(5) To provide scenic easements and other areas necessary to cooperate with the federal government or carry out a federal law.
(6) To facilitate long-range transportation planning.
As added by P.L.18-1990, SEC.216. Amended by P.L.35-2005, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-2.5. Appraisal of Real Property

Sec. 2.5. (a) Except as provided in subsection (b), real property to be acquired by the department for a purpose described in section 2 of this chapter shall be appraised before the initiation of negotiations.
(b) An appraisal is not required if:
(1) the owner is donating the property and releases the agency from its obligation to appraise the property; or
(2) the agency determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the anticipated value of the proposed acquisition is estimated at less than ten thousand dollars ($10,000) based on a review of available data.
(c) When an appraisal is determined to be unnecessary, the agency shall prepare a waiver valuation. A person preparing or reviewing a waiver valuation is precluded from complying with Standard Rules 1, 2, 3, and 4 of the Uniform Standards of Professional Appraisal Practice, as in effect in the current edition, as promulgated by the Appraisal Standards Board of the Appraisal Foundation.
(d) A person performing a waiver valuation under subsection (c) must have sufficient understanding of the local real estate market to be qualified to make the waiver valuation.
As added by P.L.12-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-4. Description of Property to Be Acquired; Preparation and Filing

Sec. 4. If:
(1) the department determines the location of a state highway; and
(2) the location of the highway requires the department to acquire real property, easements in real property, or rights in real property;
the department may prepare a metes and bounds or other description of the property or rights to be acquired. The description shall be filed in the office of the recorder in the county in which the real property is located.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-5. Notice to Owners; Delivery

Sec. 5. The department shall give written notice to the owners of property described in section 4 of this chapter that the department intends to acquire the real property or rights for highway purposes. The notice may be served in person or sent by certified mail to the owners of the property at the address shown on the tax records of the county.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-6. Improvement and Changes in Use of Property; Restrictions

Sec. 6. An owner receiving notice under section 5 of this chapter may not erect improvements on the real property described, subdivide the property, or make any changes in the use of the property that would affect its use for highway purposes, unless the owner first notifies the department in writing of the intended use.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-7. Improvement and Changes in Use of Property; Time Limit for State Action

Sec. 7. Whenever the department receives notice under section 6 of this chapter, the department has ninety (90) days to purchase the real property affected or commence condemnation proceedings. If at the end of ninety (90) days the department has not entered into a contract for the purchase of the real property or commenced condemnation proceedings, the owner may proceed with the improvement, subdivision, or use if not otherwise prohibited by law.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-8. Variances and Building Permits; Notice to Department; Hearing

Sec. 8. If the property described in section 4 of this chapter lies within a political subdivision that has an ordinance regulating property use or requiring a building permit, the owner of the property shall give written notice to the department of an application or petition for a variance or building permit. The owner shall give notice by sending a copy of the petition or application to the department by certified mail not later than ten (10) days before a hearing is held by local authorities on the petition or application. The department may remonstrate and be heard at a hearing concerning the property by an attorney or representative.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-9. Improvement and Changes in Use of Property; Loss of Notice Rights

Sec. 9. If the department has not acquired or commenced condemnation proceedings to acquire the real property, rights, or easements described in section 4 of this chapter within three (3) years after filing the description with the county recorder, the department loses the right to receive notice of improvements, subdivisions, or changes on the property that the department acquired by filing a description under section 4 of this chapter.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-10. Publication of Information Concerning Purchased Property

Sec. 10. Whenever the department purchases real property by agreement with the owner of the real property as to purchase price, the department shall, in accordance with IC 5-3-1-2(i), publish a list of the following:
(1) The owners from whom the property was purchased.
(2) The number of acres in each property purchased.
(3) The purchase price of each property.
As added by P.L.18-1990, SEC.216. Amended by P.L.64-1995, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-11. Vouchers for Payment; Attaching Grant or Deed Copies

Sec. 11. A copy of a grant or deed purchased by the department shall be attached to each voucher submitted for payment under this chapter. The auditor of state may not draw and pay the voucher unless the copy is attached.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-12. Vouchers for Payment; Certification; Payment

Sec. 12. If condemnation proceedings have been instituted concerning real property, the department shall certify to the auditor of state that the voucher submitted is for escrow and is to be paid to the clerk of the circuit court. The voucher shall be in the amount determined and filed with the clerk of the circuit court. The payment shall be for the use and benefit of the owner of the property sought to be purchased.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-13. Sale of Surplus Property

Sec. 13. If the department determines that real property owned in fee simple by the department will not be needed for a purpose described in section 2 of this chapter, the commissioner may, with the approval of the budget agency, issue an order describing the surplus property and offering the surplus property for sale at or above its fair market value as determined by:
(1) appraisers of the department, if the value of the property is at least ten thousand dollars ($10,000); or
(2) agency real estate professionals, if the value of the property is less than ten thousand dollars ($10,000).
The department may combine or divide parcels of surplus property to facilitate the sale of the property.
As added by P.L.18-1990, SEC.216. Amended by P.L.246-2005, SEC.86; P.L.12-2022, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-13.5. Indiana Department of Transportation Nonmarketable Property

Sec. 13.5. (a) If the department determines that real property owned in fee simple by the department is nonmarketable due to environmental mitigation requirements imposed by federal or state regulations, the commissioner may, with the approval of the budget agency, issue an order declaring the real property nonmarketable.
(b) The department may provide a certified copy of an order described in subsection (a) to the Indiana department of administration.
(c) Nonmarketable real property described in subsection (a) shall be transferred as described under IC 4-20.5-7, except that, after fulfilling the requirements of IC 4-20.5-7-6 through IC 4-20.5-7-7.3, the nonmarketable real property described in subsection (a) may be disposed of only by:
(1) soliciting proposed uses for the nonmarketable real property from nonprofit land management organizations; and
(2) transferring the nonmarketable real property to a chosen nonprofit land management organization for a use consistent with the tendered proposal.
Nonmarketable real property disposed of as described in this subsection does not need to be appraised before the transfer of the real property.
As added by P.L.196-2017, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-14. Sale of Surplus Property Separated From Abutting Parcel; Offer to Abutting Property Owner

Sec. 14. If a property found to be surplus under section 13 of this chapter abuts a parcel of land from which the surplus property was separated and acquired by the department, the surplus property must first be offered for sale to the owner of the abutting property. An offer under this section shall be made by certified mail to the last known address of the owner. If the owner accepts an offer under this section, the surplus property shall be conveyed to the owner by quitclaim deed upon payment to the department of not less than the fair market value of the property as determined by the appraisers of the department.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-15. Sale of Surplus Property Separated From Abutting Parcel; Procedure When Abutting Property Owner Fails to Accept Offer

Sec. 15. (a) If an owner offered surplus property under section 14 of this chapter fails to accept the offer within thirty (30) days, the department may furnish a certified copy of:
(1) the order issued under section 13 of this chapter; and
(2) the appraised value of the surplus property;
to the department of administration.
(b) The surplus property may be sold in the same manner as other real property belonging to the state is sold at no less than its appraised value. The proceeds of the sale shall be credited to the department. A sale under this section is subject to the approval of the governor.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-16. Sale of Surplus Property Valued at Less Than $10,000

Sec. 16. If the appraised value of real property determined to be surplus under section 13 of this chapter is less than ten thousand dollars ($10,000), the department may sell the surplus property without advertising or competitive bids for not less than the full appraised value of the surplus property upon approval by the commissioner and the governor.
As added by P.L.18-1990, SEC.216. Amended by P.L.12-2022, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-17. Exchange of Lands, Rights, and Easements; Criteria

Sec. 17. Whenever the department determines that because of:
(1) a change in location of a state highway; or
(2) any other reason;
a parcel of real property owned by the department, or in which the department has rights or an easement, will not be needed, the department may exchange the parcel of property, the rights in the property, or easement in the property for a parcel of property, rights in a property, or an easement in a property, which the department determines is needed.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-18. Exchange of Lands, Rights, and Easements; Valuation; Payments for Differences in Value

Sec. 18. Before making an exchange under section 17 of this chapter, both parcels of real property shall be appraised. Any difference in value between the two parcels of property shall be paid or received by the department. A sum received under this section shall be deposited with the treasurer of state and credited to the state highway construction fund.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-19. Exchange of Lands, Rights, and Easements; Improvements

Sec. 19. (a) If an exchange under section 17 of this chapter includes improvements to be constructed on either parcel of real property, the department shall enter into an agreement with the owner of the parcel of property that the department will receive. An agreement under this section must include the following:
(1) The appraisal required under section 18 of this chapter must include the value of improvements constructed or to be constructed on the property.
(2) The construction contract for improvements under this section must be guaranteed by a construction or performance bond issued by a surety company approved by the department. The department:
(A) shall require a performance bond from a contractor for a project if the estimated cost of the project is more than two hundred thousand dollars ($200,000); and
(B) may require a performance bond from a contractor for a project if the estimated cost of the project is not more than two hundred thousand dollars ($200,000).
(3) The plans and specifications for improvements under this section must be certified by a licensed architect or engineer.
(b) The department must approve in writing the construction contract, bond, plans, and specifications for the improvements before entering into an exchange agreement under this section.
As added by P.L.18-1990, SEC.216. Amended by P.L.133-2007, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-20. Exchange of Lands, Rights, and Easements; Attaching Construction Contracts, Bonds, or Plans to Exchange Agreements

Sec. 20. The construction contract, bond, plans, and specifications required under section 19 of this chapter shall be attached to the exchange agreement for the parcels of property and incorporated by reference into the exchange agreement.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-21. Exchange of Lands, Rights, and Easements; Improvement Completion Requirement

Sec. 21. An exchange agreement under section 19 of this chapter is not completed until the improvements specified in the agreement have been constructed in accordance with the plans and specifications approved by the department. The department may not pay or receive any difference in value between the real properties exchanged until the improvements are completed and approved.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-22. Change of State Highway to Tollway

Sec. 22. (a) Subject to subsection (b), the department may, after issuing an order and receiving the governor's approval, determine that a state highway should become a tollway. After the order becomes effective, the department shall maintain and operate the tollway and levy and collect tolls as provided in IC 8-15-3 or enter into a public-private agreement with an operator with respect to the tollway under IC 8-15.7. Before issuing an order under this section, the department shall submit to the governor a plan to bring the tollway to the current design standards of the department for new state highways within a specified period. The specified period may not exceed five (5) years.
(b) Before the governor, the department, or an operator may carry out any of the following activities under this section, the general assembly must enact a statute authorizing that activity:
(1) Determine that a highway that is in existence or under construction on July 1, 2011, should become a tollway.
(2) Impose tolls on motor vehicles for use of Interstate Highway 69.
(c) Notwithstanding subsection (b), during the period beginning July 1, 2011, and ending June 30, 2031, the general assembly is not required to enact a statute authorizing the governor, the department, or an operator to determine that all or part of the following projects should become a tollway:
(1) A project on which construction begins after June 30, 2011, not including any part of Interstate Highway 69 other than a part described in subdivision (3).
(2) The addition of toll lanes, including high occupancy toll lanes, to a highway, roadway, or other facility in existence on July 1, 2011, if the number of nontolled lanes on the highway, roadway, or facility as of July 1, 2011, does not decrease due to the addition of the toll lanes.
(3) A project that is located within a metropolitan planning area (as defined by 23 U.S.C. 134) and that connects the state of Indiana with the commonwealth of Kentucky.
As added by P.L.18-1990, SEC.216. Amended by P.L.47-2006, SEC.41; P.L.85-2010, SEC.24; P.L.163-2011, SEC.17; P.L.13-2013, SEC.30; P.L.94-2015, SEC.5; P.L.165-2021, SEC.133; P.L.12-2022, SEC.7; P.L.19-2023, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-23. Change of State Highway to Toll Road

Sec. 23. (a) Subject to subsection (c), the department may, after issuing an order and receiving the governor's approval, determine that a state highway should become a toll road. An order under this section does not become effective unless the authority adopts a resolution to accept the designated state highway, or part of the highway, as a toll road project under the conditions contained in the order. An order issued by the department under this section must set forth the conditions upon which the transfer of the state highway, or part of the highway, to the authority must occur, including the following:
(1) The consideration, if any, to be paid by the authority to the department.
(2) A requirement that the authority:
(A) enter into a contract or lease with the department with respect to the toll road project under IC 8-9.5-8-7 or IC 8-9.5-8-8; or
(B) enter into a public-private agreement with an operator with respect to the toll road under IC 8-15.5.
(b) To complete a transfer under this section, the department must, with the governor's approval, execute a certificate describing the real and personal property constituting or to be transferred with the state highway that is to become a toll road project. Upon delivery of the certificate to the authority, the real and personal property described in the certificate is under the jurisdiction and control of the authority.
(c) Before the authority or an operator may carry out any of the following activities under this section, the general assembly must enact a statute authorizing that activity:
(1) Imposing tolls on motor vehicles for use of Interstate Highway 69.
(2) Imposing tolls on motor vehicles for use of a nontolled highway, roadway, or other facility in existence or under construction on July 1, 2011, including nontolled interstate highways, U.S. routes, and state routes.
As added by P.L.18-1990, SEC.216. Amended by P.L.47-2006, SEC.42; P.L.163-2011, SEC.18; P.L.13-2013, SEC.31; P.L.94-2015, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-24. Designated Parts of State Highway Allowed to Be Either Tollway or Toll Road

Sec. 24. A designated part of a state highway may become a tollway under the jurisdiction of the department under section 22 of this chapter and another designated part of the same state highway may become a toll road project under the jurisdiction of the authority under section 23 of this chapter. If a tollway and a toll road are contiguous parts of the same state highway, the contract or lease entered into under section 23 of this chapter may provide for coordination in the operation and maintenance of the tollway and the toll road project, including joint toll collection facilities and agreement on an equitable division of tolls.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-25. Change of State Highways to Tollways and Toll Roads; Effectiveness of Orders

Sec. 25. An order issued under section 22 or 23 of this chapter does not become effective until:
(1) all conditions in the order are satisfied; and
(2) all conditions in an agreement relating to a state highway that is the subject of an order under section 22 or 23 of this chapter entered into by the Secretary, acting by and through the federal highway administrator, and the state, acting by and through the department or the authority, are satisfied or waived.
As added by P.L.18-1990, SEC.216.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 7. Real Property Transactions › 8-23-7-26. Surveys and Investigations; Right of Entry

Sec. 26. An authorized employee or representative of the department engaged in a survey or investigation authorized by the commissioner or the commissioner's designee, including a survey or investigation for purposes of IC 8-23-5-9, may enter upon, over, or under any land or property within Indiana to conduct the survey or investigation by manual or mechanical means, which include the following:
(1) Inspecting.
(2) Measuring.
(3) Leveling.
(4) Boring.
(5) Trenching.
(6) Sample-taking.
(7) Archeological digging.
(8) Investigating soil and foundation.
(9) Transporting equipment.
(10) Any other work necessary to carry out the survey or investigation.
As added by P.L.18-1990, SEC.216. Amended by P.L.99-2008, SEC.2.