CHAPTER 3. TOLLWAYS
IC 8-15-3
Chapter 3. Tollways
IC 8-15-3-1
"Cost" defined
Sec. 1. As used in this chapter, "cost" (as applied to a tollway orany part of a tollway) includes the following:
(1) The cost of construction, including bridges over or underother public roads and railroads.
(2) The cost of acquisition of all real property, rights-of-way,rights, easements, and interests acquired by the department forconstruction.
(3) The cost of demolishing or removing any building orstructure on acquired real property, including the cost ofacquiring any real property to which buildings or structures maybe moved.
(4) The cost of diverting highways, interchanges of highways,and access roads to private property, including the cost of realproperty or easements.
(5) The cost of all machinery and equipment.
(6) The cost of traffic estimates and of engineering and legalexpenses, plans, specifications, surveys, and estimates of costsand revenues.
(7) Other expenses that are necessary or incidental to theconstruction, reconstruction, or conversion of the tollway andthe placing of the tollway in operation.
(8) Administrative expenses.
(9) Any obligation or expense incurred by the department forsurveys, borings, preparation of plans and specifications, andother engineering services in connection with the constructionof a tollway under this chapter.
(10) The repayment of a grant from a federal agency that thedepartment itself is authorized to repay under section 19 of thischapter in connection with a tollway.
(11) The cost of conversion of a state highway to a tollwayunder IC 8-23-7-22.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,SEC.135.
IC 8-15-3-2
"Department" defined
Sec. 2. As used in this chapter, "department" refers to the Indianadepartment of transportation.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,SEC.136.
IC 8-15-3-2.5
"Operator" defined
Sec. 2.5. "Operator" refers to one (1) or more private individualsor entities that enter into a public-private agreement to do one (1) or
more of the following with respect to one (1) or more tollways:
(1) Planning.
(2) Design.
(3) Development.
(4) Construction.
(5) Reconstruction.
(6) Maintenance.
(7) Repair.
(8) Financing.
(9) Operation.
A public entity may provide services to an operator as asubcontractor or subconsultant without affecting the private status ofthe operator and the entity's or operator's ability to enter into apublic-private agreement.
As added by P.L.47-2006, SEC.20.
IC 8-15-3-3
"Owner" defined
Sec. 3. As used in this chapter, "owner" includes any individual,partnership, association, limited liability company, or corporationhaving title or interest in any property right, easement, or interestacquired by this chapter.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.8-1993,SEC.146.
IC 8-15-3-3.5
"Public-private agreement" defined
Sec. 3.5. "Public-private agreement" has the meaning set forth inIC 8-15.7-2-15.
As added by P.L.47-2006, SEC.21.
IC 8-15-3-4
"Public road" defined
Sec. 4. As used in this chapter, "public road" includes any publichighway, road, and street in the state (including any toll road ortollway), whether maintained by the state, a county, a city, a town,or any other political subdivision or body corporate and politicseparate from the state but exercising powers constituting essentialgovernment functions.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-5
"Revenue" defined
Sec. 5. As used in this chapter, "revenue" means any toll, rental,gift, grant, appropriation, money, or other funds or property cominginto the possession or under the control of the department under thischapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-6 "State highway" defined
Sec. 6. As used in this chapter, "state highway" means a publicroad for which the department is responsible under IC 8-23-2-4.1(4).
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.1-2002,SEC.37.
IC 8-15-3-7
"Tollway" defined
Sec. 7. As used in this chapter, "tollway" includes anycombination or part of:
(1) an express highway, limited access facility, superhighway,bridge, tunnel, or motor way, including express lanes andmanaged lanes, constructed under this chapter or IC 8-15.7 or,subject to section 10 of this chapter, converted to a tollwayunder IC 8-23-7-22;
(2) any bridge, tunnel, overpass, underpass, interchange,structure, ramp, access road, service road, entrance plaza,approach, tollhouse, utility corridor, toll gantry, rest stop,service station, or administration, storage, or other buildings orfacilities, including temporary facilities and buildings, facilities,and structures that will not be tolled, that the departmentconsiders appurtenant to or necessary or desirable for thefinancing, construction, operation, or maintenance of one (1) ormore of the items described in subdivision (1);
(3) any subsequent improvement, betterment, enlargement,extension, or reconstruction of one (1) or more items describedin this section, including any nontolled part, that are separatelydesignated by name or number; and
(4) a project connecting the state of Indiana with an adjacentstate.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,SEC.137; P.L.47-2006, SEC.22; P.L.85-2010, SEC.2.
IC 8-15-3-8
"Transient lodging facility" defined
Sec. 8. As used in this chapter, "transient lodging facility" meansaccommodations for overnight or temporary habitation. The termincludes a hotel, motel, motor court, lodge, or inn.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-9
Location of tollway; approval; powers of department
Sec. 9. (a) Subject to subsection (e), the governor must approvethe location of any tollway.
(b) The department may, in any combination, plan, design,develop, construct, reconstruct, maintain, repair, police, finance, andoperate tollways, public improvements, and arterial streets and roadsat those locations that the governor approves.
(c) The department may, in any combination, plan, design,develop, construct, reconstruct, improve, finance, operate, repair, or
maintain public improvements such as roads and streets, sewer lines,water lines, and other utilities if these improvements are:
(1) adjacent or appurtenant to a tollway; or
(2) necessary or desirable for the financing, construction,operation, or maintenance of a tollway.
(d) The department may, in any combination, plan, design,develop, construct, reconstruct, improve, maintain, repair, operate,or finance the construction or reconstruction of an arterial highwayor an arterial street that:
(1) is adjacent to, appurtenant to, or interchanges with atollway; or
(2) intersects with a road or street that interchanges with atollway.
(e) Notwithstanding any other law, the governor, the department,or an operator may not carry out any of the following activities underthis chapter unless the general assembly enacts a statute authorizingthat activity:
(1) Approve the location of a tollway, other than:
(A) Interstate Highway 69 between Interstate Highway 64and a city having a population of more than eleven thousandfive hundred (11,500) but less than eleven thousand sevenhundred forty (11,740);
(B) the Illiana Expressway, a limited access facilityconnecting Interstate Highway 65 in northwestern Indianawith an interstate highway in Illinois; or
(C) a project that is located within a metropolitan planningarea (as defined by 23 U.S.C. 134) and that connects thestate of Indiana with the commonwealth of Kentucky.
(2) Carry out construction for Interstate Highway 69 in atownship having a population of more than seventy-fivethousand (75,000) and less than ninety-three thousand fivehundred (93,500).
(3) Impose tolls on motor vehicles for use of the part of aninterstate highway that connects a consolidated city and a cityhaving a population of more than eleven thousand five hundred(11,500) but less than eleven thousand seven hundred forty(11,740).
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.23; P.L.85-2010, SEC.3.
IC 8-15-3-10
Conversion of state highway to tollway
Sec. 10. The department (subject to complying with IC 8-23-7-22)may convert a state highway to a tollway.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,SEC.138.
IC 8-15-3-11
Rules; use of tollways and streets
Sec. 11. The department may establish rules for the use of
tollways, public improvements, or arterial streets or roads.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-12
Fixing and collecting tolls
Sec. 12. The department may fix, revise, charge, collect, retain,and use tolls for transit over each tollway or part of a tollway. Thetolls and the setting of toll rates are not subject to supervision orregulation by any other commission, board, bureau, or agency of thestate.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,SEC.139; P.L.47-2006, SEC.24.
IC 8-15-3-13
Acquisition of property
Sec. 13. The department may acquire in the name of the state, bypurchase or otherwise, on the terms and conditions and in the mannerthat the department considers proper or by the exercise of the rightof condemnation as prescribed by this chapter, that public or privateproperty (including public parks, playgrounds, or reservations,including parts of them or rights in them, rights-of-way, propertyrights, easements, and interests) that the department considersnecessary for carrying out this chapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-14
Sale, transfer, or conveyance of property
Sec. 14. The department may sell, transfer, and convey any realproperty, any interest in real property, or any part of real property(whether acquired by purchase, condemnation, or otherwise, andwhether the land or interest had been public or private) when it is nolonger needed for purposes of this chapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-15
Transfer or lease of property
Sec. 15. The department may transfer to the tollway or lease,license, or otherwise transfer to the authority or the operator of atollway any real property or interest in real property acquired by itunder section 13 or 31 of this chapter, IC 8-23-7, or otherwise that isnecessary, desirable, or convenient for the financing, construction,maintenance, and operation of any tollway or part of a tollway, or asotherwise required under this chapter.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,SEC.140; P.L.47-2006, SEC.25.
IC 8-15-3-16
Ingress and egress points
Sec. 16. (a) Except as provided in subsection (b), the departmentmay designate the locations and establish, limit, and control points
of ingress and egress from each tollway as necessary or desirable to:
(1) ensure the proper operation and maintenance of the tollway;
(2) finance the tollway;
(3) prohibit entrance to the tollway from any point that is notdesignated as an entrance; and
(4) provide for and permit the interconnection of a tollway witha toll road that is leased or operated by the department.
(b) The department may not grant ingress to or egress from anytollway, service area, or toll collection area having direct access tothe tollway for the operation of transient lodging facilities, includingthe service areas on which are located service stations andrestaurants and toll plazas and paved parts of the right-of-way.
(c) The department shall erect at all points of ingress and egresssuitable signs facing traffic from each direction on the tollway. Thesesigns must designate the number and other designations, if any, of allUnited States or state highways of ingress or egress, the names of allIndiana municipalities having a population of at least five thousand(5,000) within a distance of seventy-five (75) miles on the roads ofingress or egress, and the distance in miles to those designatedmunicipalities.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.26.
IC 8-15-3-17
Contracts, leases, and other agreements
Sec. 17. The department may make and enter into all leases,licenses, conveyances, contracts, and agreements necessary orincidental to the performance of the department's duties and theexecution of the department's powers under this chapter andIC 8-15.7.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.27.
IC 8-15-3-18
Employees, consultants, and contractors
Sec. 18. The department may employ consulting engineers,superintendents, managers, other engineers, construction experts,financial advisers, accounting experts, attorneys, and otherconsultants, contractors, employees, and agents necessary to carryout this chapter or IC 8-15.7, and fix their compensation.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.28.
IC 8-15-3-19
Grants; aid; contributions
Sec. 19. The department may receive and accept in anycombination from any federal, state, or local agency, subject toIC 8-23-3, loan proceeds, proceeds from lines of credit, proceedsfrom credit guarantees, and grants for or in aid of the planning,design, construction, financing, repair, rehabilitation, expansion,
improvement, operation, or maintenance of all or part of any tollway,and receive and accept aid or contributions from any source of eithermoney, property, labor, or other things of value, to be held, used, andapplied only for the purposes for which those loan proceeds,proceeds from lines of credit, proceeds from credit guarantees,grants, or contributions are made. The department may distribute anypart of loan proceeds, proceeds from lines of credit, proceeds fromcredit guarantees, and grants received under this section to anoperator as permitted by the terms of the loan, line of credit, creditguarantee, or grant. The department, the authority, or an operator, asrequired by a public-private agreement, shall repay any loan, line ofcredit, credit guarantee, or grant from a federal, state, or localagency, if a repayment is necessary to free the department fromrestrictions that the department determines to be in the public interestto remove.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.29.
IC 8-15-3-20
Expenditures or loans for public improvements
Sec. 20. The department may establish fees, charges, terms, orconditions for any expenditures, loans, or other form of financialparticipation in connection with public improvements on arterialstreets and roads that are financed with tollway funds.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-21
Acceptance of gifts, bequests, loans, or revenue sharing
Sec. 21. The department may accept gifts, devises, bequests,grants, loans, appropriations, revenue sharing, and any otherfinancing and assistance from any source and agree to and complywith conditions attached to it. Subject to the conditions agreed to bythe department, the department may distribute any gifts, devises,bequests, grants, loans, appropriations, revenue sharing, and anyother financing and assistance received under this section to anoperator, as set forth in a public-private agreement.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.30.
IC 8-15-3-22
Power of department
Sec. 22. (a) The department has any power with respect totollways that it has in connection with state highways.
(b) The department may do all acts and things necessary or properto carry out this chapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-23
Exercise of power; exemption from taxation or assessments
Sec. 23. (a) The exercise of the powers granted by this chapter to
the department or the authority must be in all respects for:
(1) the benefit of the people of Indiana;
(2) the increase of the commerce and prosperity of Indiana; and
(3) the improvement of the health and living conditions of thepeople of Indiana.
(b) Since the operation and maintenance of a tollway by thedepartment or the authority constitutes the performance of essentialgovernmental functions, neither the department nor the authority isrequired to pay any taxes or assessments upon a tollway or anyproperty acquired or used by the department under this chapter orIC 8-15.7 or upon the income from a tollway.
(c) The operator under a public-private agreement is not requiredto pay taxes or assessments upon a tollway, any property or propertyinterest acquired by the operator under a public-private agreement,or any possessory interest in the tollway or in property granted orcreated by the public-private agreement under this chapter orIC 8-15.7.
(d) An operator or any other person purchasing tangible personalproperty for incorporation into or improvement of a structure orfacility constituting or becoming part of the land included in:
(1) a tollway; or
(2) property granted or created by the public-private agreement;
is entitled to the exemption from gross retail tax and use tax providedunder IC 6-2.5-4-9(b) and IC 6-2.5-3-2(c), respectively, with respectto that tangible personal property.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.31.
IC 8-15-3-24
Tolls and charges; fixing and collecting; deposits
Sec. 24. (a) Except as provided in subsection (b), the departmentmay:
(1) fix, revise, charge, and collect tolls, fees, or charges for:
(A) the use of a tollway or any part of a tollway, includingthe right-of-way adjoining the paved part of the tollway;
(B) placing on a tollway or part of a tollway telephone,telegraph, electric light, cable, communication, gas, water,sewer, or power lines;
(C) the initiation, administration, and maintenance ofcustomer accounts, late payment procedures, credit card andother electronic transactions, and enforcement actions forcollection of unpaid amounts; and
(D) equipment used by customers in connection withelectronic tolling, including transponders;
(2) fix the terms, conditions, and rates of charge for use of atollway; and
(3) retain and use tolls, fees, or charges collected in accordancewith this article.
(b) A toll or charge may not be made by the department for thefollowing: (1) The operation of temporary lodging facilities located uponor adjacent to a tollway.
(2) Placing in, on, along, over, or under a tollway anytelephone, telegraph, electric light, cable, communication, gas,water, sewer, or power lines, equipment, or facilities that arenecessary to serve establishments located on the tollway or thatare necessary to interconnect any public utility facilities on one(1) side of the tollway with those on the other side.
(c) The department may fix the tolls for a tollway by establishingmaximum amounts and may provide that tolls or any maximum tollsestablished, and any increases or decreases to those tolls ormaximum tolls, may be based on the indices or methodologies thatthe department considers appropriate. The department may set anincreased toll for any class of traffic for any lane or other part of atollway if the department determines that an increased toll isnecessary or appropriate for financing the tollway or to reduce trafficcongestion, increase mobility, improve connectivity, promote fuelconservation, achieve operating efficiencies, or promote publicsafety. The department shall specify the times or conditions underwhich an increased toll will be imposed. A reduced rate of toll is notallowed within a class, except:
(1) through the use of commutation or other tickets or privilegesbased upon frequency or volume of use;
(2) as permitted under an electronic tolling program;
(3) as permitted under a managed lane program under section27.5 of this chapter;
(4) as necessary, desirable, or appropriate for financing thetollway;
(5) on a part of a tollway designated by the department, in itsdiscretion, as an area free of tolls;
(6) as determined appropriate by the department; or
(7) as permitted under a public-private agreement.
(d) A person that passes a toll gate or other area of a tollwaywhere a toll, charge, or fee is due without paying that amountcommits a Class C infraction.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.32.
IC 8-15-3-25
Preservation of contracts
Sec. 25. All contracts executed by the department shall bepreserved in the principal office of the department.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-26
Rules; traffic control; property protection; law enforcement access
Sec. 26. (a) The department may adopt rules under IC 4-22-2 forthe following:
(1) The control and regulation of traffic on a tollway.
(2) The protection and preservation of property under the
department's or operator's jurisdiction and control.
(3) The maintenance and preservation of good order within theproperty under the department's or operator's control.
(b) Rules adopted under this chapter must provide that lawenforcement officers be afforded ready access, while in theperformance of their official duties, to all property under thedepartment's jurisdiction without the payment of tolls.
(c) A person who violates a rule adopted under this sectioncommits a Class C infraction.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,SEC.33.
IC 8-15-3-27
Adoption of rules; traffic controls
Sec. 27. Notwithstanding IC 9, the department may adopt rulesunder IC 4-22-2 for the following:
(1) Establishing weight and size limitations for vehicles usinga tollway, subject to the following:
(A) The operator of any vehicle exceeding any of themaximum allowable dimensions or weights must apply tothe department in writing for an application for a specialhauling permit. The application must be received at leastseven (7) days before the time of desired entry. A permit, ifgranted, shall be given to the applicant in duplicate, properlycompleted, and numbered. The driver of the vehicle musthave a copy to present to the toll attendant on duty at thepoint of entry to the tollway.
(B) The department shall assess a fee for issuing a specialhauling permit. In assessing the fee, the department shalltake into consideration the following factors:
(i) The administrative cost of issuing the permit.
(ii) The potential damage the vehicle represents to theproject.
(iii) The potential safety hazard the vehicle represents.
(2) Establishing the speed at which a vehicle may be driven ona tollway, including a minimum speed and a maximum speednot in excess of the maximum provided in IC 9 for the interstatedefense network of dual highways.
(3) Designating one-way traffic lanes on a tollway.
(4) Determining the manner of operation of vehicles enteringand leaving traffic lanes on a tollway.
(5) Determining the regulation of U-turns, of crossing orentering medians, of stopping, parking, or standing, and ofpassing vehicles on a tollway.
(6) Determining the establishment and enforcement of trafficcontrol signs and signals for vehicles in traffic lanes,acceleration and deceleration lanes, toll plazas, andinterchanges on a tollway.
(7) Determining the limitation of entry to and exit from atollway to designated entrances and exits. (8) Determining the limitation on use of a tollway bypedestrians and aircraft and by vehicles of a type specified inthe rules.
(9) Regulating commercial activity on tollways, including thefollowing:
(A) The offering or display of goods or services for sale.
(B) The posting, distributing, or displaying of signs,advertisements, or other printed or written material.
(C) The operation of a mobile or stationary public addresssystem.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.40-2000,SEC.1; P.L.23-2001, SEC.1.
IC 8-15-3-27.5
Rules restricting use of lanes
Sec. 27.5. (a) The rules adopted under section 26 or 27 of thischapter may include restrictions on the use of one (1) or more laneson any part of a tollway as necessary, appropriate, or desirable forfinancing the tollway or to reduce congestion, increase mobility,promote fuel conservation, achieve operating efficiencies, or promotepublic safety. The restrictions may include limiting use of one (1) ormore lanes to private vehicles, high occupancy vehicles, vehicles thatparticipate in an electronic tolling program, trucks, commercialvehicles, special fuel vehicles, transit vehicles, or vehicles that paya higher toll for exclusive use of a dedicated lane. The rules mayrequire a person eligible to use a restricted lane to obtain the permitspecified by the department or an operator, as permitted under apublic-private agreement.
(b) The department may require that an electronic device or otheridentification device specified by the department or by an operatoras permitted under a public-private agreement be maintained in avehicle using a restricted lane on a tollway.
(c) The department may construct barriers or implement otherdesign, construction, or operational features to implement a managedlane, express lane, or other program under this section.
As added by P.L.47-2006, SEC.34.
IC 8-15-3-27.7
Rules concerning electronic tolling
Sec. 27.7. (a) The rules adopted under section 26 or 27 of thischapter may establish an electronic tolling program. The rules mustprovide at least the following:
(1) A participant must enter into a written agreement containingthe terms and conditions approved by the department.
(2) An agreement must require the participant to do thefollowing:
(A) Establish the account specified by the department andmaintain the balance of funds in the account specified by thedepartment.
(B) Hold and use any device provided to register use of a
tollway that is chargeable to the participant's account in themanner specified in the rules and participant's agreement.
(C) Pay the fees, charges, and tolls specified by thedepartment or an operator, as permitted under apublic-private agreement.
(D) Comply with any other necessary or appropriate termsand conditions specified by the department or an operator, aspermitted under a public-private agreement.
(3) A method for resolving disputed charges with accountholders, including an agreement by the account holder to holdthe department and its agents harmless for the payment of anyunpaid financial obligation incurred by the account holder.
(4) The program will comply with all applicable federal andstate laws, regulations, and rules regulating credit transactionsbetween the entity holding the account and the account holder.
(5) Notice will be provided to the participant of all federal andstate privacy, credit, and other laws, regulations, and policiesapplicable to an account and the program.
(b) The department may establish reasonable fees and charges tobe charged to account holders and business entities participating inthe electronic tolling program and to recover costs of administration,account initiation and maintenance, late payments, credit card andother electronic transactions, enforcement, and improvement of theprogram. The fees and charges shall be deposited in the appropriatespecial funds account for the tollways covered by the program, asspecified by the department, or used, retained, or deposited aspermitted under a public-private agreement.
(c) The identifying credit and tollway use information of anelectronic tolling program participant may not be used by thedepartment or an operator for commercial purposes not related to thetollway.
As added by P.L.47-2006, SEC.35.
IC 8-15-3-28
Violations of rule; size and weight violations
Sec. 28. (a) A person who violates a rule adopted under section 27of this chapter commits a Class C infraction.
(b) A violation of a weight limitation established by rule undersection 27 of this chapter is:
(1) a Class B infraction if the total of all excess weight underthose limitations is more than five thousand (5,000) pounds butnot more than ten thousand (10,000) pounds; or
(2) a Class A infraction if the total of all excess weight underthose limitations is more than ten thousand (10,000) pounds.
(c) It is a defense to the charge of violating a weight limitationthat the total of all excess weight under that limitation is less thanone thousand (1,000) pounds.
(d) The court may suspend the registration of a vehicle thatviolates a size or weight limitation for a period of not more thanninety (90) days. Upon the conviction of a person for a violation of
a weight or size limitation, the court may recommend suspension ofa current chauffeur's license only if the violation is committedknowingly.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-29
Condition and repair of tollways
Sec. 29. Each tollway shall be maintained and kept in goodcondition and repair by the department.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-30
Restoration or repair of damaged property
Sec. 30. All public and private property damaged or destroyed incarrying out this chapter shall be restored or repaired and placed inits original condition as nearly as practicable or adequatecompensation made for it.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-31
Lease, grant, or conveyance of property by political subdivision orpublic agency
Sec. 31. Notwithstanding any other law, each county, city, town,township, and other political subdivision and public agency of thestate may lease, lend, grant, or convey to the state at the request ofthe department, upon reasonable and fair terms and conditions, andwithout the necessity for an advertisement, order of court, or otherformal action (other than the regular and formal action of thedepartments concerned), any real property for the purposes of thischapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-32
Conversion of tollways to state highways
Sec. 32. Subject to any public-private agreement that applies to atollway, including terms applicable to the financing of the tollway,the department may, after issuing an order and after receiving thegovernor's approval, at any time determine that a tollway under itsjurisdiction should become a part of the system of state highwaysfree of tolls.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,SEC.141; P.L.47-2006, SEC.36.
IC 8-15-3-33
Studies of tollway; additional interchanges
Sec. 33. (a) The department may expend any funds available forthe study of a tollway and may use the department's engineering andother resources, including consulting engineers and traffic engineers,to conduct this study.
(b) The department shall make studies of the feasibility of
construction of additional interchanges along tollways nearpopulation and traffic generating centers. These studies shall bemade by consulting engineers and traffic engineers who are retainedby the department in connection with its other duties under thischapter.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,SEC.142.
IC 8-15-3-34
Employment of police officers
Sec. 34. The department may arrange for the use and employmentof police officers to police a tollway. The police officers employedunder this section are vested with all necessary police powers toenforce state laws. A police officer employed under this section hasthe same powers within the property limits of a tollway as a lawenforcement officer (as defined in IC 35-41-1-17) within the lawenforcement officer's jurisdiction. A warrant of arrest issued by theproper authority of the state may be executed within the propertylimits of the tollway by a police officer employed by the departmentor an operator.
As added by P.L.47-2006, SEC.37.
IC 8-15-3-35
Exercise of certain powers by authority or operator
Sec. 35. (a) If a public-private agreement is entered into underIC 8-15.7 with respect to a project, the department may authorize:
(1) the authority to exercise all or a part of the powers of thedepartment under this chapter necessary or desirable toaccomplish the purposes of this chapter or IC 8-15.7; and
(2) the operator under the public-private agreement to exerciseall or a part of the powers of the department under sections 9,16, 29, and 30 of this chapter under the public-privateagreement.
(b) The department may authorize the authority to exercise all ora part of the powers of the department under this chapter necessaryor desirable to accomplish the purposes of this chapter.
As added by P.L.47-2006, SEC.38.