CHAPTER 26. UTILITY RELOCATIONS

IC 8-23-26
    Chapter 26. Utility Relocations

IC 8-23-26-1
Application of chapter
    Sec. 1. (a) This chapter does not apply to a project let underIC 8-23-11.
    (b) This chapter applies only to projects on the state highwaysystem (as defined in IC 8-23-1-40).
As added by P.L.63-1992, SEC.4.

IC 8-23-26-2
Order for relocation
    Sec. 2. If the department determines that the location of a utility'sfacilities will interfere with a planned highway or bridge constructionor improvement project, the commissioner may order the utility torelocate the utility's facilities. An order issued under this section maynot take effect less than six (6) months after the date the departmentrequests, in writing, that the utility provide a facilities relocationplan.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-3
Notice of order to relocate
    Sec. 3. The department shall give notice under IC 4-21.5-3-6 tothe utility of the commissioner's order to relocate the utility'sfacilities.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-4
Appeal of order
    Sec. 4. A utility that receives notice of an order under section 3 ofthis chapter may appeal the order under IC 4-21.5-3 for the followingreasons:
        (1) The utility disputes the necessity of the relocation.
        (2) The utility determines that the utility cannot relocate theutility's facilities for any reason.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-5
Reimbursement of extraordinary costs of relocation
    Sec. 5. The department may negotiate an agreement with a utilityto reimburse the utility for extraordinary costs of facilities relocationcaused by a highway or bridge construction or improvement projector a combination of highway or bridge construction or improvementprojects.
As added by P.L.63-1992, SEC.4. Amended by P.L.80-2001, SEC.1.

IC 8-23-26-6
Reimbursements; approval of agreements    Sec. 6. The commissioner must approve an agreement negotiatedunder section 5 of this chapter.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-7
Reimbursement of costs of unnecessary relocation; conditions
    Sec. 7. The department shall reimburse a utility for the costs of anunnecessary relocation of facilities if, after the completion of therelocation of the facilities:
        (1) within two (2) years after the completion the department hasnot let a contract for the highway or bridge construction orimprovement; or
        (2) the department alters the department's plan of constructionfor the highway or bridge construction or improvement in amanner that would cause the utility to relocate the utility'sfacilities for the same highway or bridge construction orimprovement project.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-8
Reimbursements for unnecessary relocation; limits; furtherconditions
    Sec. 8. (a) The reimbursement paid under section 7 of this chapteris limited to the cost of relocation (as defined in IC 8-1-9-2) to theutility.
    (b) The department may reimburse a utility for an unnecessaryrelocation under section 7 only if the relocation of the utility'sfacilities was specifically requested by the department.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-9
Reimbursement for unnecessary relocation; approval
    Sec. 9. The commissioner must approve a reimbursement paidunder section 7 of this chapter.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-10
Utility customer service facilities; responsibilities for relocation
    Sec. 10. If a highway or bridge construction or improvementproject requires the relocation of customer service facilities, theutility providing service to the customer is responsible for arrangingthe relocation of the utility's customer service facilities required tobe relocated in accordance with this chapter.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-11
Acquisition of additional right-of-way and relocation of customerservice facilities; responsibility for costs
    Sec. 11. If a highway or bridge construction or improvementproject requires the acquisition of additional right-of-way and the

relocation of customer service facilities that existed within the newlyacquired right-of-way, the department is responsible for the cost ofrelocating those customer service facilities.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-12
Highway or bridge construction or improvement projects;relocation of customer service facilities
    Sec. 12. The following apply to a highway or bridge constructionor improvement project that requires the relocation of customerservice facilities located in a highway, street, or road:
        (1) If the utility does not own the customer service facilities, thedepartment is responsible for the cost of the relocation of thosefacilities.
        (2) If the utility owns the customer service facilities, the cost ofrelocation is the responsibility of the utility or the customer, asdetermined by the operating rules of the utility or by a contractbetween the utility and the customer.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-13
Facilities relocation plan; failure to relocate customer servicefacilities
    Sec. 13. If a utility does not carry out the utility's responsibilitiesunder section 10 of this chapter within six (6) months after thedepartment has requested, in writing, a facilities relocation plan, thedepartment may cause the relocation of the customer servicefacilities to occur.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-14
Relocation of customer service facilities; recovery of costs;reimbursements
    Sec. 14. (a) If the department causes the relocation of customerservice facilities under section 13 of this chapter, the department mayrecover the costs of the relocation from the utility.
    (b) A utility shall reimburse the department for costs that areallowable under section 12(2) of this chapter and that the departmentdetermines are not extraordinary costs incurred under section 13 ofthis chapter upon the presentation of an invoice of the costs from thedepartment.
As added by P.L.63-1992, SEC.4.

IC 8-23-26-15
National system of interstate highways; application; costs of futurerelocations and adjustments
    Sec. 15. (a) This section does not apply to a relocation includedin the national system of interstate highways if the placement of thefacilities was made solely to cross the highway.
    (b) Whenever a utility locates new facilities on a highway

included in the national system of interstate highways after June 30,1991, the utility shall bear the cost of all future relocations andadjustments of the facilities caused by highway or bridgeconstruction or improvements.
As added by P.L.63-1992, SEC.4.