IC 14-29-5
    Chapter 5. Change in Watercourses; Highway Construction

IC 14-29-5-1
Changing watercourses; permission of federal agency
    Sec. 1. (a) The governing bodies or agencies of the state chargedwith the duties of the construction, maintenance, and repair of publichighways may, to the extent money is available and subject tosubsection (b), do the following:
        (1) Change the course of a stream, watercourse, or drainageditch.
        (2) Restore to the original or former channel a stream,watercourse, or drainage ditch if the stream, watercourse, ordrainage ditch has meandered from the original or formercourse.
        (3) The construction work that is necessary to protect the banksor slopes of a stream, watercourse, or ditch to prevent wash,caving, slides, or erosion if the water of the stream,watercourse, or ditch is causing or threatening injury to, damageto, or destruction of a public highway or bridge by erosion,wash, slides, change of course, or overflow.
        (4) Construct walls or levees for the purposes of subdivision (3)if it is determined by an engineering survey that this methodwould be more practicable or less expensive.
        (5) Exercise the authority granted in this section to protectpublic highways against injury, damage, or destruction causedor threatened by landslides.
    (b) If a navigable stream is under the jurisdiction of a federalauthority or an agency and the proposed work of the highwayofficials under this section conflicts or interferes with the jurisdictionof the federal agency, the consent or waiver of the federal agencymust be procured by the highway officials before the beginning ofthe proposed work.
As added by P.L.1-1995, SEC.22.

IC 14-29-5-2
Costs and performance of work
    Sec. 2. (a) If work under this chapter involves the protection of anexisting highway not under construction, the work shall be performedand the costs paid under Indiana law governing the maintenance ofhighways applicable to the public agency or authorities havingcharge of the highway involved in the proposed work.
    (b) If work under this chapter involves the construction orreconstruction of a highway, the work shall be performed and thecosts paid under Indiana law governing construction of highwaysapplicable to the public agency or body having charge of the highwayinvolved in the proposed work.
    (c) If it is necessary in the performance of work under this chapterto procure a right-of-way or interests in land outside the limits of thehighway involved, the costs, if any, of the right-of-way or interests

in land shall be paid as follows:
        (1) Out of the maintenance fund if the work constitutesmaintenance.
        (2) Out of the construction fund if the work constitutesconstruction.
As added by P.L.1-1995, SEC.22.

IC 14-29-5-3
Procuring land or property
    Sec. 3. The governing or administrative bodies charged with thecontrol of highways may do the following:
        (1) If it becomes necessary to procure rights-of-way or interestsin land or property outside the limits of a highway under section2 of this chapter, procure the rights or interests by grant,purchase, or voluntary donation.
        (2) Exercise the power of eminent domain for any purposedesignated in this chapter under Indiana eminent domain law.
As added by P.L.1-1995, SEC.22.