CHAPTER 2. INTERSTATE TOLL BRIDGES

IC 8-16-2
    Chapter 2. Interstate Toll Bridges

IC 8-16-2-0.5
Applicability
    Sec. 0.5. This chapter does not apply to a project under IC 8-15.5or IC 8-15.7 that is located within a metropolitan planning area (asdefined by 23 U.S.C. 134) and that connects the state of Indiana withthe commonwealth of Kentucky.
As added by P.L.85-2010, SEC.23.

IC 8-16-2-1
Authority to construct bridges
    Sec. 1. The department is hereby authorized and empowered, inits discretion, to construct a highway bridge over and across any riveror other stream forming the boundary-line between the state ofIndiana and any state adjoining the state of Indiana, notwithstandingthe waters of such rivers or streams may not at all times extend to orreach such boundary-line, whenever such bridge or any part thereof,including the approaches thereto as a part thereof, will be within thestate of Indiana and will directly connect any state or interstatehighway in existence or to be constructed within the state of Indianawith any interstate or other public highway in existence or to beconstructed in such adjoining state, and although such river or streammay be located either partially or wholly within the territorial limitsof such adjoining state; and that, in constructing and maintaining anysuch bridge, including the approaches thereto as a part thereof, andin providing the necessary personal and real property and easementsin real property which may be required for the proper, effective andconvenient location, construction and operation of any such bridge,the department is hereby authorized and empowered to use andexpend so much of the funds provided, or to be provided, by law forits use as may be found by it to be reasonably necessary for suchpurposes.
(Formerly: Acts 1927, c.10, s.1.) As amended by Acts 1980, P.L.74,SEC.279.

IC 8-16-2-2
Federal consent to construct bridge
    Sec. 2. Any such bridge may be so constructed across and overany such river or other stream at any point determined upon anddesignated by the department, but only with the consent and approvalof and subject to the regulations of the proper authorities of theUnited States having jurisdiction in such matters, whenever suchjurisdiction of the United States exists, and with the consent andapproval of the proper authorities of such adjoining state or of theUnited States; and express authority is hereby conferred upon thedepartment to build any necessary part of any such bridge, includingthe approaches thereto as a part thereof, within the territorial limitsof any such adjoining state and for that purpose to utilize any

location or right of way provided by such adjoining state, within itsboundaries, if such location and right of way be so provided; and ifthe United States or such adjoining state, or any duly constitutedagency of either, shall acquire the necessary personal and realproperty and easements in real property situate in such adjoiningstate and suitable for use in the proper, effective and convenientlocation, construction and operation of such bridge, then and in thatevent the department is hereby authorized and empowered to takeover and acquire, by contract or agreement, and make use of suchpersonal and real property and easements in real property so situatein such adjoining state for the necessary purposes of the effective andconvenient location, construction and operation of such bridge, andif unable to procure the necessary personal and real property andeasements in real estate in such adjoining state by contract oragreement, after reasonable effort in that direction, then thedepartment shall have the right and it is hereby authorized to take, inthe name and on behalf of the state of Indiana, such proceedings forcondemnation of such necessary personal and real property andeasements in real property in such adjoining state as may bepermitted or provided for by the laws of such adjoining state or bythe laws of the United States.
(Formerly: Acts 1927, c.10, s.2.) As amended by Acts 1980, P.L.74,SEC.280.

IC 8-16-2-3
Authority to negotiate construction of bridges
    Sec. 3. In addition to any and all other powers conferred upon itby this chapter, the department is hereby expressly authorized tonegotiate with the proper authorities of any such adjoining state, andto contract for and procure the right to build, maintain and operatesuch bridge upon that part of any site which may be selected thereforand which shall lie within the boundaries of such adjoining state.
(Formerly: Acts 1927, c.10, s.3.) As amended by Acts 1980, P.L.74,SEC.281.

IC 8-16-2-4
Estimates of construction costs; issuance of bonds
    Sec. 4. If the department shall, in its discretion, determine toconstruct any such bridge as in this chapter provided for, inaccordance with the authority conferred by this chapter, thedepartment shall ascertain and estimate, as nearly as is practicable,the probable cost of the location and construction of such bridge,including the approaches thereto as a part thereof, and including alsoin said estimated cost the cost of acquiring all necessary personal andreal property and easements in real property, and shall certify theamount of such estimated cost, together with a copy of its orderexpressing its determination to construct such bridge, to the countyauditor of that county in Indiana in which such bridge, or any partthereof, considering the approaches thereto as a part thereof, islocated; and thereupon such county, by and through its board of

county commissioners, by appropriate resolution and order, shallforthwith issue and execute the negotiable bonds of such county,with proper interest coupons attached thereto, in an amount equal toone-fourth of such estimated cost of the location and construction ofsuch bridge: Provided, That no county shall issue its bonds under theprovisions of, or for any of the purposes contemplated in, thischapter in any amount in excess of one percent (1%) of the adjustedvalue of the taxable property within such county as determined underIC 36-1-15.
(Formerly: Acts 1927, c.10, s.4.) As amended by Acts 1980, P.L.74,SEC.282; P.L.6-1997, SEC.135.

IC 8-16-2-5
Issuance of bonds; redemption
    Sec. 5. (a) Said bonds shall be issued in denominations of onethousand dollars ($1,000) each, except that one (1) bond may be forless than one thousand dollars ($1,000), and all shall be madepayable to bearer at some designated bank in the state of Indiana andshall bear interest at any rate, payable semiannually. Said bonds shallbe numbered in consecutive, numerical order and shall be so issuedas to the maturity dates thereof that one-thirtieth part, as nearly aspracticable, of all said bonds shall become due and be payable on thefirst day of December following the time allowed by law for thecollection of the first tax levied for use in paying said bonds and theinterest thereon, and a like amount of said bonds shall thereafterbecome due each year and on the same date each year until allbecome due and payable.
    (b) Said bonds shall be issued and otherwise executed as thebonds of such county, shall be the bonds of and a direct obligation ofsuch county, shall be signed by its board of county commissionersand sealed with the corporate seal of said county and attested by thecounty auditor of such county; but the lithograph signature of theauditor of such county shall be the only signature required upon theinterest coupons attached to said bonds.
    (c) Such bonds, or any part thereof, shall be subject to call andredemption by such county at any semiannual interest payment dateafter the expiration of five (5) years from the date of issue, and fromtime to time thereafter before maturity, at the par value thereof plusaccrued interest, at the election of the board of county commissionersof such county.
    (d) If said board of county commissioners shall determine toredeem any of said bonds prior to maturity, such bonds shall beredeemed in their numerical order and notice of such election toredeem prior to maturity shall be given by two (2) publications, one(1) each week and on the same day of each week, in two (2)newspapers of general circulation, printed in the English languageand published, one (1) at the city of Indianapolis and the other at thecounty seat of the county by which said bonds were issued, whichpublications shall be completed at least ten (10) days prior to theinterest paying date on which any of said bonds are called for

redemption. Said notice shall state the number or numbers of thebonds so called for redemption prior to maturity and otherwiseidentify and make certain the bonds so to be redeemed, and the bondsso called for redemption shall be redeemed and paid by such countyat the time and place designated in such notice.
    (e) If the bonds so called for redemption are not surrendered ortendered by the holders thereof for redemption at the time and placedesignated in said notice, such bonds shall not thereafter bear anyinterest, provided the county has on deposit at the time and placedesignated sufficient funds to redeem and pay such bonds, togetherwith the accrued interest thereon.
(Formerly: Acts 1927, c.10, s.5.) As amended by Acts 1981, P.L.11,SEC.55.

IC 8-16-2-6
Bond sales
    Sec. 6. When so executed, such bonds shall be sold as nowprovided by law for the sale of other county bonds, except that, inaddition to any other notice required by law, such bonds shall beadvertised in a public newspaper of general circulation published atthe city of Indianapolis, Indiana; and the proceeds derived from thesale of such bonds shall be forthwith paid over by the countytreasurer of such county to the treasurer of state of the state ofIndiana, and shall become a part of the state highway funds of saidstate, to be used in the construction of such bridge and for no otherpurpose: Provided, That if the proceeds derived from the sale of suchbonds shall amount to more than one-fourth of the actual cost of theconstruction of such bridge, the excess of such proceeds over andabove one-fourth of the actual cost of the construction of such bridgeshall, at the completion of such bridge, be repaid by the treasurer ofstate of the state of Indiana to such county and shall be used by suchcounty in the payment of such bonds and the interest thereon and forno other purpose: Provided, further, That if, for any causewhatsoever, all or any part of said proceeds derived from the sale ofany such bonds of such county shall not be actually used in theconstruction of such bridge, all of said proceeds not so used shall berepaid to such county and shall be used by it in the payment of suchbonds and the interest thereon and for no other purpose; and if, at anytime, the completion of any such bridge shall be abandoned, or shallbe permanently or perpetually enjoined by decree of any court, fromwhich no appeal is taken within the time of appeal allowed by law,and thereafter prosecuted with due diligence, or if the completion ofsuch bridge be rendered impracticable by natural causes orotherwise, then in any such event all funds derived from the sale ofcounty bonds hereunder and placed with the treasurer of state, asherein provided, to be used as a part of the state highway funds of thestate in the construction of such bridge, and not so used, shallthereupon, together with any and all depository interest which shallhave accrued on such fund while in the possession of the treasurer ofstate, be returned at once by the treasurer of state to the said county,

and shall be used by it in payment of such bonds so issued by it asaforesaid and the interest thereon and for no other purpose.
(Formerly: Acts 1927, c.10, s.6.)

IC 8-16-2-7
Tax levy
    Sec. 7. For the purpose of raising money to pay said bonds andinterest thereon, as provided in this chapter, the proper officers ofevery county issuing bonds under authority of this chapter shall, assoon as said bonds are sold and annually thereafter at the time thegeneral tax levy is made, levy a tax, in addition to all other taxesauthorized by law to be levied by such county, upon the propertywithin said county subject to taxation, in such manner as to meet theprincipal and interest of said bonds as they become due, and such taxshall be levied and collected as other taxes are levied and collected,and shall be applied to the payment of such bonds and interestprovided, that if any other funds provided by law for the payment ofsaid bonds and interest shall come to the hands of the proper officerof said county and be available for payment on said bonds andinterest, the tax in this section provided for may be abated to theextent only that such other funds provided by law may be actuallyavailable for payment of such bonds and interest at the time formaking any such annual tax levy.
(Formerly: Acts 1927, c.10, s.7.) As amended by P.L.66-1984,SEC.60.

IC 8-16-2-8
Receipts from bond sale
    Sec. 8. Upon receipt by the treasurer of state of the state ofIndiana of the proceeds of the sale of any such county bonds as maybe issued hereunder, such proceeds shall become a part of the statehighway funds, subject only to the provisions and limitations as torepayment thereof in this chapter contained, and the department shallthereupon construct such bridge and the cost thereof shall be paid outof state highway funds.
(Formerly: Acts 1927, c.10, s.8.) As amended by Acts 1980, P.L.74,SEC.283.

IC 8-16-2-9
Bridge maintenance
    Sec. 9. Such bridge shall be maintained by the department as otherhighway bridges are maintained by it, and the cost of suchmaintenance shall be paid out of the state highway funds, except asherein otherwise provided; but no part of the proceeds of the sale ofbonds issued by any county hereunder shall ever be used for suchmaintenance.
(Formerly: Acts 1927, c.10, s.9.) As amended by Acts 1980, P.L.74,SEC.284.

IC 8-16-2-10 Dedication of bridges
    Sec. 10. Any and every bridge which may be constructed underthe provisions of this chapter shall be and hereby is dedicated as aninstrument of interstate commerce for the equal use of all citizens ofthe United States and of any other persons who may be entitled to theuse thereof.
(Formerly: Acts 1927, c.10, s.10.) As amended by P.L.66-1984,SEC.61.

IC 8-16-2-11
Tolls
    Sec. 11. If and when authority so to do shall be granted andconferred by appropriate legislation by the Congress of the UnitedStates, the department shall charge toll, in accordance with theprovisions of this chapter, for the use of any bridge constructed underthe provisions of this chapter; and the department shall fix andestablish the rates of toll to be paid for the use of such bridge, and forsuch purpose shall have authority to classify the users of such bridgeinto reasonable classes and to fix the rates of toll accordingly:Provided, however, That such right to charge toll, and also said ratesof toll and the classification of the users of such bridge so fixed andestablished, shall be subject to the approval and control of the properauthorities of the United States, as provided by the acts of congressproviding for the supervision or regulation of the taking of tolls overinterstate bridges.
(Formerly: Acts 1927, c.10, s.11.) As amended by Acts 1980, P.L.74,SEC.285.

IC 8-16-2-12
Toll gates and toll collectors' houses; toll collector's bond
    Sec. 12. The department shall erect upon, or adjacent to, any andevery such bridge or its approaches, and within the territorial limitsof the state of Indiana, all necessary and convenient toll-gates andtoll-collectors' houses, and shall employ all necessary toll-collectors,who shall each, before entering upon the performance of his duties,execute his bond, payable to the state of Indiana, in the penal sum ofone thousand dollars ($1,000), with surety to the approval of thedepartment, and conditioned for the faithful performance of hisduties as such toll-collector and that he will faithfully account forand pay over according to law all moneys that may come to his handsas such toll-collector. All tolls collected by said toll-collectors shallbe deposited daily in some state depository designated by thedepartment to the credit of the treasurer of state of the state ofIndiana as a toll fund to be used and disbursed as provided for in thischapter.
(Formerly: Acts 1927, c.10, s.12.) As amended by Acts 1980, P.L.74,SEC.286.

IC 8-16-2-13
Toll collectors; employment and compensation    Sec. 13. Such toll-collectors shall be selected, employed and paidin the same manner as other employees of the department areselected, employed and paid: Provided, That they shall be paid onlyout of said toll fund and their wages shall not be a charge upon thegeneral funds of the department. Said toll-collectors shall be subjectto the complete control of the department and to such regulations asit may prescribe governing their duties.
(Formerly: Acts 1927, c.10, s.13.) As amended by Acts 1980, P.L.74,SEC.287.

IC 8-16-2-14
Powers of toll collector
    Sec. 14. Every toll-collector shall, by virtue of his employment,and while in the discharge of his duties, have full and completepolice power, and shall be authorized to make arrests without awarrant for any violation in Indiana of the criminal laws of the stateof Indiana, occurring in his presence.
(Formerly: Acts 1927, c.10, s.14.)

IC 8-16-2-15
Failure to pay toll
    Sec. 15. It is a Class C infraction for a person to pass by anytoll-gate established by the department in accordance with thischapter without the payment of the proper toll as prescribed by thedepartment. It is a Class C infraction for a toll-collector to knowinglypermit any person to pass such a toll-gate without the payment of thetoll.
(Formerly: Acts 1927, c.10, s.15.) As amended by Acts 1978, P.L.2,SEC.856; Acts 1980, P.L.74, SEC.288; Acts 1981, P.L.108, SEC.3.

IC 8-16-2-16
Rules and regulations; posting
    Sec. 16. The department shall have the right to make allreasonable rules and regulations governing the use of such bridgewhich are consistent with the provisions of this chapter and with thelaws of the state of Indiana, and with the laws of such adjoiningstate, and with any laws or regulations of the United States,applicable to the use of such bridges. It shall be the duty of thedepartment to cause to be placed in full view, in legible and largeletters, upon or in each of the tollhouses established by it upon saidbridge or its approaches, all such rules and regulations adopted by itin accordance with the provisions of this chapter, and also the tollrates adopted for the use of such bridge.
(Formerly: Acts 1927, c.10, s.16.) As amended by Acts 1980, P.L.74,SEC.289; P.L.1-2009, SEC.71.

IC 8-16-2-17
Toll receipts
    Sec. 17. The moneys derived from tolls taken for the use of suchbridge shall be applied first to the payment of the expense of

collecting such tolls. The net amount of such toll fund remainingafter the payment of the expense of collecting such tolls shall bedivided equally between the state of Indiana and the county in saidstate which has issued bonds in aid of the bridge from which the tollswere derived until each of said state and said county has receivedback an amount equal to the amount contributed by the county to thesaid bridge, together with interest thereon up to the time ofrepayment; and such net toll shall be used for no other purpose.Payment of such net toll shall be made semiannually, and it is herebymade the duty of the officer having custody of such net tolls to payto such county its share thereof, ascertained as aforesaid, and to thestate of Indiana its share thereof, ascertained as aforesaid, and allamounts so paid to such county shall be used by such county, whenso received, in payment of its said bonds and interest so long as anyof said bonds and interest remain outstanding and unpaid. Alldepository interest accruing on such fund, shall be added to and shallconstitute a part of such fund.
(Formerly: Acts 1927, c.10, s.17.)

IC 8-16-2-18
Retirement of tolls
    Sec. 18. Whenever such county, either from moneys derived fromnet tolls as aforesaid or from moneys paid by an adjoining state, orfrom both of such sources, shall have been repaid an amount equalto the amount of money contributed by such county to said statehighway funds in aid of the construction of such bridge, includingprincipal and interest, and when the state highway fund, either frommoney derived from net tolls as aforesaid, or from money paid by anadjoining state, or from both sources, shall have been paid an amountequal to the amount contributed by such county in aid of theconstruction of such bridge, plus interest thereon to the time of suchrepayment, then the right to take tolls on such bridge shallimmediately cease and such bridge shall thereupon be declared to beand shall be a free bridge for use in interstate commerce between thestate of Indiana and such adjoining state. In no event, however, shalltolls be collected for a longer period of time than is permitted by anylaw of congress now in force or hereafter enacted regulating thecollection of tolls on interstate bridges.
(Formerly: Acts 1927, c.10, s.18.)

IC 8-16-2-19
Contracts with adjoining states
    Sec. 19. In the discharge of its duties under the provisions of thischapter, the department, as the agent and representative of the stateof Indiana and in the name of the state of Indiana, is herebyauthorized and empowered, both before and during the constructionof any such bridge and after the completion thereof, to cooperatewith and enter into a contract or contracts with such adjoining state,acting through any proper authorities or agents representing suchadjoining state, to provide for the payment by such adjoining state of

such part of the costs of the construction of such bridge, notexceeding one-half thereof, as may be agreed upon in such contract;and in such contract to also agree upon and determine the time andmanner of the making by such adjoining state of such payment orpayments and all other details in connection therewith: Provided,That any moneys paid to the state of Indiana by any such adjoiningstate as such adjoining state's agreed part of the cost of constructionof any such bridge shall be applied by said state of Indiana toreimburse the state of Indiana and any county of the state of Indianathat shall have issued its bonds under the provisions of this chapterto aid in the construction of such bridge up to the amount in eachcase which is equal to the amount provided by said county for suchpurpose, plus interest thereon up to the time of repayment thereof, sofar as the money so provided was actually used in and about theconstruction of such bridge; and all moneys so received and appliedto reimburse any such county as aforesaid shall be first applied bysaid county in payment of any of its said bonds issued as aforesaidunder the provisions of this chapter and which are then stilloutstanding and unpaid, until such bonds and the interest accruedthereon shall be paid in full.
(Formerly: Acts 1927, c.10, s.19.) As amended by Acts 1980, P.L.74,SEC.290.

IC 8-16-2-20
Acknowledgment of contributions by other states
    Sec. 20. Upon the payment by any such adjoining state of any partof the cost of the construction of such bridge, the department ishereby authorized and directed to issue, in the name of the state ofIndiana, to such adjoining state, a proper certificate or instrument oftransfer or acknowledgment evidencing the amount contributed bysuch adjoining state and transferring to it title to a correspondinginterest in such bridge, and thereafter the title to such bridge shall bedeemed to be vested jointly in the state of Indiana and the adjoiningstate so contributing to the cost of said bridge, and the interest ofeach thereof shall be deemed to be in proportion to the respectivecontributions so made by each one respectively.
(Formerly: Acts 1927, c.10, s.20.) As amended by Acts 1980, P.L.74,SEC.291.

IC 8-16-2-21
Maintenance contracts with other states
    Sec. 21. The department is hereby expressly authorized andempowered to negotiate and contract with the proper authorities ofsuch adjoining state in respect to the maintenance of any such bridge.
(Formerly: Acts 1927, c.10, s.21.) As amended by Acts 1980, P.L.74,SEC.292.

IC 8-16-2-22
Construction
    Sec. 22. This chapter shall at all times be construed as

supplemental to and in aid of all other statutes providing for theconstruction of highways and bridges.
(Formerly: Acts 1927, c.10, s.22.) As amended by P.L.66-1984,SEC.62.

IC 8-16-2-23
Appropriations and authorizations
    Sec. 23. No appropriation of money or authorization of any bondscontemplated in this chapter by the county council shall be required.
(Formerly: Acts 1927, c.10, s.23.) As amended by P.L.66-1984,SEC.63.

IC 8-16-2-24
Compliance with other laws
    Sec. 24. Except as otherwise expressly provided in this chapter,any county shall have the right to proceed under this chapter withoutcomplying with any other existing statute in effect on May 16, 1927.
(Formerly: Acts 1927, c.10, s.24.) As amended by P.L.66-1984,SEC.64.

IC 8-16-2-25
Assumption of debts
    Sec. 25. Nothing contained in this chapter shall be so construedas to authorize the state or the department to assume any debt orobligation of any county which may aid or assist in the constructionof any bridge contemplated under this chapter.
(Formerly: Acts 1927, c.10, s.25.) As amended by Acts 1980, P.L.74,SEC.293.

IC 8-16-2-26
Amendment of chapter
    Sec. 26. The general assembly hereby reserves the right to amendor modify this chapter at any time that such amendment ormodification may be deemed just and proper.
(Formerly: Acts 1927, c.10, s.26.) As amended by P.L.66-1984,SEC.65.