CHAPTER 1. COUNTY UNIT LAW
IC 8-17
ARTICLE 17. COUNTY ROADS.ADMINISTRATIONAND MAINTENANCE
IC 8-17-1
Chapter 1. County Unit Law
IC 8-17-1-0.1
"Department" defined
Sec. 0.1. As used in this chapter, the term "department" refers tothe Indiana department of transportation.
As added by Acts 1980, P.L.74, SEC.296. Amended by P.L.86-1988,SEC.65; P.L.18-1990, SEC.150.
IC 8-17-1-1
Powers of county executive and department of highways; jointundertakings
Sec. 1. A county executive may construct, reconstruct, improve,and maintain all public highways, bridges, and culverts in the county,including highways, bridges, and culverts under the supervision ofthe department, if approved by the department, or located inmunicipalities, as provided in this chapter. In addition, thedepartment may, after petitioning the affected county executive ormunicipal legislative body and obtaining approval, construct,reconstruct, improve, and maintain county or municipal highways.The department and a county or a municipality in the county throughwhich a toll road project under IC 8-15-2 passes may jointlyundertake transportation projects (as defined in IC 36-1-10-2). Theduties and responsibilities of a joint undertaking shall be assigned tothe department, the county, or the municipality in the county as theparties may agree.
(Formerly: Acts 1919, c.112, s.1.) As amended by Acts 1980, P.L.74,SEC.297; Acts 1981, P.L.41, SEC.57; P.L.86-1988, SEC.66;P.L.343-1989(ss), SEC.9.
IC 8-17-1-1.2
"Highway" defined
Sec. 1.2. As used in this chapter, "highway" includes highways,roads, streets, bridges, tunnels, and approaches.
As added by P.L.113-1989, SEC.3.
IC 8-17-1-2
Additional powers of county executive
Sec. 2. A county executive may construct new public highways ormay reconstruct and improve any existing public highways or partsof those highways with road paving materials. The executive mayestablish, lay out, alter, widen, vacate, straighten, or change a publichighway in connection with the improvement and may build allnecessary bridges, culverts, or approaches in the improvement ofhighways. In addition, the executive shall provide easements
necessary for drainage and utilities.
(Formerly: Acts 1919, c.112, s.3.) As amended by P.L.86-1988,SEC.67.
IC 8-17-1-2.1
Highway cattle guards in certain counties; construction; cost
Sec. 2.1. (a) In all counties with a population of less than fiftythousand (50,000), any person through whose land any countyhighway is located may petition the county executive for permissionto construct a cattle guard or other device for the purpose of keepinglivestock on the property.
(b) In determining whether to grant permission, the executiveshall consider the traffic flow on the highway and the cost of theerection of fences versus the cost of the construction of a cattleguard.
(c) The landowner shall bear the cost of construction and theerection of cattle crossing warning signs on the highway warningmotorists that they are about to enter a cattle crossing area.
As added by Acts 1980, P.L.76, SEC.1. Amended by P.L.86-1988,SEC.68.
IC 8-17-1-3
Rights-of-way
Sec. 3. If a highway is constructed under this chapter, theright-of-way, or any required drainage courses, approaches, or anyland necessary for the construction of a highway, or land necessaryto build a bridge or a culvert shall be acquired by the county, eitherby donation by the owners of the land through which the highwaypasses or by agreement between the owner and the county executive,through eminent domain, or the public may acquire the property asis necessary in the same manner as provided for the construction ofpublic highways. The entire cost of the right-of-way shall be paid bythe county.
(Formerly: Acts 1919, c.112, s.4.) As amended by P.L.66-1984,SEC.79; P.L.86-1988, SEC.69.
IC 8-17-1-4
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-5
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-6
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-7
Repealed (Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-8
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-9
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-10
Invitations to bid; notice
Sec. 10. When any highway or part of a highway is constructed,reconstructed, or improved, the county executive shall order theauditor to give notice, in accordance with IC 5-3-1, that, on a day tobe named by the executive in an order, sealed proposals will bereceived by the executive for the improvement in accordance withIC 36-1-12. However, if the proposed improvement includes anybridge having a total span of more than twenty (20) feet, theexecutive shall receive separate bids for the bridge, and shall enterinto a separate contract to build the bridge.
(Formerly: Acts 1919, c.112, s.11.) As amended by Acts 1981,P.L.57, SEC.22; P.L.86-1988, SEC.76.
IC 8-17-1-11
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 8-17-1-12
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 8-17-1-13
Bond issue; interest
Sec. 13. (a) For the purpose of raising money to pay for theconstruction, reconstruction, or improvement of a highway, bridge,or tunnel, the county may issue bonds under IC 8-18-22, not toexceed the estimated costs of construction, reconstruction, orimprovement and all expenses incurred and damages allowed beforethe letting of the contracts, and a sum sufficient to pay the per diemof the engineer and superintendent during construction and all costsof the financing incident to the issuance of bonds. The issue of bondsmust also provide for a sufficient sum to pay for any extras orchanges not contemplated in the original plans, specifications, andcontract that the executive considers necessary, and that might beomitted by the engineer who drew the plans or specifications.
(b) The proceeds shall be kept as a separate and specific fund topay for the improvement or construction, reconstruction, orimprovement of the particular road for which they were issued. Theproceeds shall be paid by the treasurer to the contractor, upon
warrant of the auditor, as directed by the executive. The contractorshall be paid in accordance with IC 36-1-12. If there is a surplus leftfrom the sale of the bonds after the road is complete, the surplus shallbe transferred to a fund for the construction, reconstruction, orimprovement of any other highway in the county and shall not beused for any other purpose. All funds shall be kept in the publicdepositories of the county and the interest added to the fund.
(Formerly: Acts 1919, c.112, s.14.) As amended by Acts 1981,P.L.11, SEC.59; P.L.86-1988, SEC.77; P.L.113-1989, SEC.4.
IC 8-17-1-14
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-15
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-16
Repair of improved roads
Sec. 16. Any highway improved under this chapter becomes a partof the highway system of the county and shall be kept in repair in thesame manner as other roads are kept in repair, and is subject to thesame statutes governing the repair and maintenance of highways.
(Formerly: Acts 1919, c.112, s.17.) As amended by P.L.66-1984,SEC.81; P.L.86-1988, SEC.80.
IC 8-17-1-17
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-18
Statement; compliance with contract; materials testing engineer'sreport
Sec. 18. Whenever any highway is completed, the inspector,surveyor, or engineer shall file a sworn statement with the countyauditor stating that the highway has been completed according toplans, plats, profiles, specifications, and contract and that thequantity and quality of material used in making the improvement wasas required under standards and tests of the department. A competentmaterials testing engineer shall determine in a report whether thetests and standards as to the quality of materials has been met. Thematerials testing engineer shall file a copy of the report with thecounty auditor.
(Formerly: Acts 1919, c.112, s.19.) As amended by Acts 1980,P.L.74, SEC.299; P.L.86-1988, SEC.82.
IC 8-17-1-19
Objections to improvements; filing of statement
Sec. 19. Any taxpayer may file an objection to the work by filing
a sworn statement with the auditor that the road has not beencompleted according to the plans, plats, profiles, specifications, andcontract, stating which item has not been completed. After theobjection is filed, then the county executive shall set a hearing on theissue where it may hear other proof, may cause witnesses to besubpoenaed, and hear sworn evidence in the same manner as otherissues are heard before the executive. The executive shall determinewhether the work has been done according to the plans, plats,profiles, specifications, and contract. Any party aggrieved by thedecision may appeal to the circuit court of the county within ten (10)days of the date of the decision, by filing a bond approved by theauditor of the county, for the payment of all costs in the cause thatmay be adjudged in the circuit court against the person taking theappeal. The proceedings shall be tried de novo in the circuit court.
(Formerly: Acts 1919, c.112, s.20.) As amended by P.L.86-1988,SEC.83.
IC 8-17-1-20
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-21
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-22
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-23
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-24
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-25
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-26
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-27
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-28 Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-29
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-17-1-30
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-31
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-32
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-33
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-17-1-34
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-17-1-34.1
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-35
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-36
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-37
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-38
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-39
Construction materials in county highways, bridges, and culverts
Sec. 39. No material may be used in the construction of a county
highway, bridge, or culvert unless the material is equal to thematerial required and meets all tests and standards required by thedepartment for the building of highways, bridges, or culverts by thedepartment.
(Formerly: Acts 1919, c.112, s.39.) As amended by Acts 1980,P.L.74, SEC.301; P.L.86-1988, SEC.101; P.L.113-1989, SEC.5.
IC 8-17-1-40
Traffic rules
Sec. 40. A county legislative body may adopt ordinancesregulating traffic on any highway in the county highway system,subject to IC 9-21.
(Formerly: Acts 1919, c.112, s.40.) As amended by P.L.86-1988,SEC.102; P.L.113-1989, SEC.6; P.L.2-1991, SEC.61.
IC 8-17-1-41
Plans and specifications; bonds
Sec. 41. (a) The plans and specifications must include all bridges,culverts, and approaches.
(b) The amount of the bonds must be enough to cover the expenseof bridges, culverts, and approaches, and the contract, whenexecuted, shall include that expense.
(Formerly: Acts 1919, c.112, s.41.) As amended by P.L.66-1984,SEC.94; P.L.86-1988, SEC.103; P.L.113-1989, SEC.7.
IC 8-17-1-42
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-43
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-44
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-17-1-45
Counties responsible for roadways on southern and easternboundaries; agreements between counties; provisions
Sec. 45. (a) Each county is responsible for the construction,reconstruction, maintenance, and operation of the roads, includingthe ditches and signs for those roads, making up its southern andeastern boundaries.
(b) The county executives of two (2) adjoining counties may enterinto an agreement under IC 36-1-7 for the construction,reconstruction, maintenance, or operation of any road or part of aroad that makes up the boundary between the two (2) counties. Inaddition to the requirements of IC 36-1-7-3, an agreement under thissection must provide for the following: (1) The division of costs between the counties.
(2) The schedule for the work.
(3) The method of resolving disputes concerning the agreementif any arise.
(4) Any other terms the counties consider necessary.
(Formerly: Acts 1971, P.L.102, SEC.1.) As amended by P.L.86-1988,SEC.105; P.L.113-1989, SEC.8; P.L.84-1991, SEC.1; P.L.98-2000,SEC.7.