CHAPTER 23. GAS PIPELINES.COUNTY ROADS
IC 8-1-23
Chapter 23. Gas Pipelines.County Roads
IC 8-1-23-1
Roadway obstructions or interruptions; detours
Sec. 1. Whenever, in the opinion of any board of countycommissioners, the use of any public county highway or highwaysshall be or will become impracticable or unsafe because ofobstructions or interruptions resulting from erosion, changes innatural or artificial drains, or any other cause of any kind or naturewhatsoever, the said board of county commissioners of the countywherein such highway or highways is located, or the boards ofcounty commissioners of adjoining counties acting together, if theobstructed or interrupted part thereof is located upon a county line orextends from one county to another, shall have the power to closesaid highway or highways, or the necessary parts thereof, and diverttraffic therefrom by suitable detours, if in their judgment suchdetours are necessary, until such time as the conditions causing suchobstruction or interruption no longer exists and the continued use ofsaid highway or highways become practicable and safe.
(Formerly: Acts 1947, c.151, s.1.)
IC 8-1-23-2
Permits; temporary highway obstruction
Sec. 2. If any person shall desire to temporarily obstruct a countyhighway which obstruction may result in damage to the highway ortemporary blocking of traffic over the highway, such person shallfirst obtain permission, in writing, which writing shall be entered ofrecord, from the board of county commissioners of the countywherein such highway or highways is located, or the boards ofcounty commissioners of adjoining counties acting together, if theobstructed or interrupted part thereof is located upon a county line orextends from one county to another.
Before such permission may be granted by any board of countycommissioners, such person shall first file with each board of countycommissioners from which permission is requested, a surety bond,in a sum to be fixed by and to the approval of such board of countycommissioners, payable to the county, conditioned either upon thepayment of any damages which such county or road may sustain orupon the proper restoration of such highway, as such countycommissioners may direct.
(Formerly: Acts 1947, c.151, s.2.)
IC 8-1-23-3
Construction contracts
Sec. 3. If any person shall desire to lay a pipe line, conduit orprivate drain, across or along any county highway of this state, suchperson shall first enter into a contract with the board of countycommissioners in each county wherein it is desired to locate suchpipe line, conduit or drain, which contract will obligate the owner
thereof to restore the county highway to its original condition afterthe laying thereof and to reimburse the county for the use of suchhighway. In addition such person shall file with the board of countycommissioners a surety bond, payable to the county, in a sum to beset by and to the approval of the board of county commissioners,conditioned upon the performance of such contract. No such contractshall give any person a permanent right or easement to use anycounty highway but such contract may give the right to use suchhighway so long as such pipe line, conduit or drain, does notinterfere with the alteration, use, abandonment or public enjoymentof such county highway.
(Formerly: Acts 1947, c.151, s.3.)
IC 8-1-23-4
"Person" defined
Sec. 4. The word person as used herein shall include a publicutility, partnership, limited liability company, firm, association, orcorporation.
(Formerly: Acts 1947, c.151, s.4.) As amended by P.L.8-1993,SEC.129.
IC 8-1-23-5
Violations
Sec. 5. A person who installs a pipeline, conduit, or private drain,across or along any county highway, or blocks or damages anycounty highway without complying with this chapter, commits aClass B infraction.
(Formerly: Acts 1947, c.151, s.5.) As amended by Acts 1978, P.L.2,SEC.809.