IC 8-1-9
    Chapter 9. Relocation of Utilities in Highway Rights-of-Way

IC 8-1-9-1
Public policy
    Sec. 1. Recognizing that (a) part of the national system ofinterstate and defense highways located in Indiana are used bypersons residing throughout Indiana and the United States forintrastate and interstate travel; (b) the cost of relocation of utilityfacilities necessitated by construction, reconstruction, change ormodification of said highways is presently subject to being borne byutility rate payers only; and (c) existing federal legislation makesavailable a substantial portion of the funds with which said highwayswill be constructed, reconstructed, changed or modified, it is herebydeclared that it is inequitable for rate payers of utilities to bear thecost of relocation of utility facilities necessitated by said highwayconstruction, reconstruction, change or modification and that suchcost of relocation of utility facilities should constitute a cost ofconstruction of all of said highway projects in Indiana.
(Formerly: Acts 1961, c.112, s.1.)

IC 8-1-9-2
Definitions
    Sec. 2. When used in this chapter, the term:
    (a) "Utility" shall include all privately, municipally, publicly, orcooperatively owned systems for supplying communications, power,light, heat, electricity, gas, water, pipeline, sewer, sewage disposal,drain, or like service, directly or indirectly, to the public.
    (b) "Cost of relocation" shall include the entire amount paid by autility properly attributable to such relocation, after deductingtherefrom any increase in the value of the new facility and anysalvage value derived from the old facility.
    (c) "Highway" when used in this chapter shall mean only thoseroutes which are included within the national system of interstate anddefense highways.
(Formerly: Acts 1961, c.112, s.2.) As amended by P.L.59-1984,SEC.62.

IC 8-1-9-3
Audits
    Sec. 3. The cost of relocation of a utility facility is a cost ofhighway construction and shall be paid by the state in the samemanner other costs of construction of the highway are paid. Allrelevant books, records, and accounts of any public utility to whicha payment for a relocation has been made by the state shall beaudited by the Indiana department of transportation auditor and theutility, following the audit, shall refund any portion of the paymentthe state determines was not properly compensable.
(Formerly: Acts 1961, c.112, s.3; Acts 1965, c.321, s.1.) As amendedby Acts 1980, P.L.74, SEC.34; P.L.18-1990, SEC.25.
IC 8-1-9-4
New location; right to operate
    Sec. 4. In the case of any such relocation of facilities, the utilityowning or operating the same, its successors, or assigns, maymaintain and operate such facilities, with the necessaryappurtenances in the new location or new locations, for as long aperiod, and upon the same terms and conditions, as it had the right tomaintain and operate such facilities in their former location orlocations.
(Formerly: Acts 1961, c.112, s.4.)

IC 8-1-9-5
Certain projects; payment of initial cost
    Sec. 5. Notwithstanding any other provisions of this chapter, theIndiana department of transportation may pay the initial cost ofrelocating a utility facility if all of the following conditions havebeen met:
        (1) The utility facility is owned by a political subdivision of thisstate.
        (2) The removal of the utility facility is incurred as the result ofa federally funded highway or railroad-highway improvementproject.
        (3) The relocation qualifies for initial cost of construction withstate funds as a part of the federal-aid project cost.
        (4) A federal-aid project agreement is entered into with theFederal Highway Administration.
        (5) The department has been assured reimbursement for allcosts by the Federal Highway Administration, the politicalsubdivision, or both.
As added by Acts 1982, P.L.73, SEC.1. Amended by P.L.18-1990,SEC.26.