CHAPTER 5. STATE HIGHWAYS
IC 8-23-5
Chapter 5. State Highways
IC 8-23-5-1
Encroachment on state highways; removal, prevention, andtermination; notice; entry; costs; exceptions
Sec. 1. (a) The department may remove, prevent, or terminate anencroachment onto a state highway, right-of-way, or otherdepartment property, including drainage onto the highway,right-of-way, or other property.
(b) If the department determines that an encroachment exists, thedepartment shall give notice by certified mail to the owner and theoccupant of the property from which the encroachment has occurredand by posting a copy of the notice in a conspicuous place on theproperty. The notice must specify the encroachment and the periodof time within which the encroachment must be removed, terminated,or prevented. The period of time specified in the notice may not beless than thirty (30) days.
(c) If the encroachment has not been removed, terminated, orprevented within the period of time specified in the notice undersubsection (b), the department may enter the property from which theencroachment has occurred and take whatever action the departmentconsiders necessary to remove, terminate, or prevent theencroachment.
(d) The cost of the department's removal, termination, orprevention of an encroachment under subsection (c) shall be paid bythe owner of the property from which the encroachment hasoccurred. The department shall bill the owner for the cost. If the billremains unpaid for a period of thirty (30) days, the department shallfile the bill with the clerk of the circuit court of the county in whichthe property is located. The clerk shall immediately enter the bill onthe judgment docket against the owner of the property, and the billis a lien against the property. The lien may be foreclosed in the samemanner as other judgment liens, without relief from valuation orappraisement laws or right of redemption.
(e) Where an awning, canopy, marquee, advertising sign, orsimilar encroachment extending over a highway right-of-way was inplace on August 12, 1963, and is supported entirely from outside thehighway right-of-way, the encroachment may remain if thedepartment determines that the encroachment will not impair thehighway or interfere with the free and safe flow of traffic on thehighway.
As added by P.L.18-1990, SEC.214.
IC 8-23-5-2
Construction and reconstruction at railroad crossings; costs
Sec. 2. (a) If a highway or road is being constructed orreconstructed so that it crosses or intersects the existing tracks of arailroad at grade level at a point where no crossing previouslyexisted, the department, county, city, or town under whose
jurisdiction the crossing lies shall pay the cost of the construction ofthe new crossing, the approaches to the crossing, and the cost of thenecessary protective or crossing warning signals. After construction,the owner or lessee of the railroad shall maintain the crossing andprotective or crossing warning signals and keep them in repair at theowner's or lessee's cost.
(b) If the owner or lessee of a railroad is constructing orreconstructing railroad tracks so that the tracks cross or intersect ahighway or road at grade level at a point where no railroad crossingpreviously existed, the owner or lessee of the railroad shall pay thecost of the construction of the new crossing, the approaches to thecrossing, and the cost of the necessary protective or crossing warningsignals. After construction, the owner or lessee of the railroad shallmaintain the crossing and protective or crossing warning signals andkeep them in repair at the owner's or lessee's cost.
(c) If a highway or road crosses or intersects the tracks of arailroad at grade level and the highway or road is reconstructed toalter the existing crossing or intersection by a change of grade,widening or changing the type of pavement, or by changing the angleof the intersection, the department, county, city, or town under whosejurisdiction the crossing lies shall pay the cost of the reconstructionof the crossing, the approaches to the crossing, and the cost of thenecessary protective or crossing warning signals. Afterreconstruction, the owner or lessee of the railroad shall maintain thecrossing and protective or crossing warning signals and keep them inrepair at the owner's or lessee's cost.
(d) If the owner or lessee of a railroad reconstructs or alters thetracks of a railroad that crosses or intersects a highway or road atgrade level so that it is necessary to reconstruct or alter the crossingor intersection, the owner or lessee of the railroad shall pay the costof the reconstruction or altering of the crossing, the approaches to thecrossing, and the cost of the necessary protective or crossing warningsignals. After construction, the owner or lessee of the railroad shallmaintain the crossing and protective or crossing warning signals andkeep them in repair at the owner's or lessee's cost.
(e) Notwithstanding subsections (a) through (d), the department,a county, a city, or a town under whose jurisdiction a railroadcrossing lies may provide highway or road surface maintenance at arailroad crossing if the department, county, city, or town requests andreceives written approval from the railroad owner or lessee beforecommencing the highway or road surface maintenance. The cost ofthe maintenance may be wholly or partially borne by the department,county, city, or town upon agreement with the railroad.
(f) Any construction, reconstruction, or maintenance of highwayor road surfaces provided for in this section may be paid for fromfunds obtained under 23 U.S.C. 130.
(g) A railroad whose tracks lie in any public highway or road shallproperly grade, surface, and maintain the highway, road, and railroadtracks within the boundaries described in subsection (h):
(1) in accordance with the grade and surfacing material of the
highway or road; and
(2) in a manner as to afford security for life and property ofpersons and vehicles using the highway or road.
(h) The railroad is responsible for the repair and maintenance ofthe grade and surface occupied by the railroad tracks, including thespace:
(1) between the rails of a railroad track;
(2) between the railroad tracks if there are at least two (2)railroad tracks; and
(3) that extends eighteen (18) inches in width on the outside ofeach rail of a railroad track.
As added by P.L.18-1990, SEC.214. Amended by P.L.183-2005,SEC.1.
IC 8-23-5-3
Construction of railroad viaducts
Sec. 3. (a) The department may construct a viaduct where arailroad yard and tracks adjacent to a railroad yard intersect the directroute of a through street in a city or town that directly connects witha state highway designated as a principal arterial highway if theowner of the railroad yard or tracks agrees to grant an easement tobuild a viaduct. The easement shall be granted without compensationor damages allowed to the owner of the railroad yard or tracks.
(b) A viaduct authorized under subsection (a) shall be constructedaccording to plans and specifications adopted by the department inthe same manner as state highways are constructed. The departmentmay contract with the owner of the railroad yard or tracks to have theviaduct built by the owner of the railroad yard or tracks.
As added by P.L.18-1990, SEC.214.
IC 8-23-5-4
Improvement of certain connecting streets and roads
Sec. 4. Whenever:
(1) the department improves a state highway that is connectedwith a city street or road; and
(2) the state owns property in the city;
the department shall improve the part of the connecting street or roadthat runs through or abuts the state owned property to conform withthe standards adopted for the construction and improvement of statehighways.
As added by P.L.18-1990, SEC.214.
IC 8-23-5-5
Construction of sidewalks
Sec. 5. The department may construct sidewalks on and along ahighway in the state highway system outside the corporate limits ofa city whenever the department considers that sidewalks arenecessary for the protection and safety of pedestrians.
As added by P.L.18-1990, SEC.214.
IC 8-23-5-6
Maintenance of state institution roadways
Sec. 6. (a) The department shall maintain all highways anddriveways located on the premises of institutions operated by thestate, including the state fairgrounds upon a request for maintenanceby the institution. The expense of maintaining a highway or drivewayunder this subsection shall be paid by the department, subject to theapproval of the governor.
(b) The department shall:
(1) maintain public roads and parking areas constructed onproperties of the department of natural resources; and
(2) construct new roads on properties owned by the departmentof natural resources:
(A) upon the request of the department of natural resources;
(B) subject to the approval of the engineers of thedepartment of natural resources as to the design and locationof the new roads to preserve scenic values; and
(C) subject to the approval of the governor.
As added by P.L.18-1990, SEC.214. Amended by P.L.110-1993,SEC.1.
IC 8-23-5-7
Construction and maintenance of roadside parks and connectinghighways
Sec. 7. (a) As part of the state highway system, the departmentmay lay out, construct, and maintain roadside parks and highwaysthat connect a state highway with a state park, state forest reserve,state game preserve, or a state institution. A connecting highwayconstructed under this subsection shall be constructed in the samemanner as a state highway.
(b) Before a roadside park or connecting highway described insubsection (a) may be constructed within the boundaries of a stateinstitution, park, reserve or preserve, the board of trustees of the stateinstitution, park, reserve, or preserve must adopt a resolutionapproving the construction.
(c) The department may cooperate with a county highwayauthority having jurisdiction over a county highway that connects astate park, state forest reserve, state game preserve, or staterecreation area with a state highway. The department shall undertakeconstruction and maintenance responsibilities under this subsectionupon the request of the department of natural resources if the requestis approved by the governor.
(d) Expenditures incurred by the department in carrying out thissection shall be made from the motor vehicle highway account beforedistribution to local units of government. Before an expenditure maybe made under this subsection, an appropriation authorizing theexpenditure must be made.
As added by P.L.18-1990, SEC.214.
IC 8-23-5-8 Installation of vending machines in interstate highway rest areas
Sec. 8. (a) The department may install vending machines for itemsincluding food, drink, candy, and first aid kits in rest areas on theinterstate highway system.
(b) The department shall report in an electronic format underIC 5-14-6 to the general assembly through the legislative council theresults of the installation.
(c) Installation of the vending machines must conform withfederal and Indiana law.
As added by P.L.18-1990, SEC.214. Amended by P.L.28-2004,SEC.75.
IC 8-23-5-9
Additions to state highway system; procedures
Sec. 9. (a) The department may establish the approximatelocations, using the recommended widths established by thedepartment in the department's approved design manual forequivalent classification of roads, of rights-of-way for additions tothe state highway system.
(b) If the department establishes the approximate locations andwidths of rights-of-way for an addition to the state highway systemunder subsection (a), the department shall conduct a public hearingin at least one (1) county in which a right-of-way for the addition islocated. The department shall publish notice of a hearing conductedunder this subsection in two (2) newspapers of general circulation inthe county in which the hearing will be conducted at least ten (10)days before the hearing. If only one (1) newspaper is published in thecounty, publication in that newspaper is sufficient. Notice of thehearing shall be given by mail to all owners of real propertyidentified within the rights-of-way shown on the map prepared undersubsection (c).
(c) If the department establishes the approximate locations andwidths of rights-of-way for an addition to the state highway systemunder subsection (a), the department shall prepare a map showing theapproximate location and width of each right-of-way for theproposed addition. The map must display the following:
(1) Existing highways in the area of the addition.
(2) Property lines and owners of record of property to beacquired for the rights-of-way.
(3) Other information determined necessary by the department.
The department shall approve the map, with changes (if applicable),at the public hearing conducted under subsection (b). The departmentshall record the approval and a copy of the approved map in theoffice of the recorder of each county in which land to be acquired forthe addition is located.
(d) The department shall:
(1) publish notice of a recording under subsection (c) in two (2)newspapers of general circulation in each county in which anapproval is recorded; however, if only one (1) newspaper ispublished in the county, publication in that newspaper is
sufficient; and
(2) not more than sixty (60) days after an approval is recorded,send notice of the recording by certified mail to all owners ofrecord of real property to be acquired for rights-of-way for theaddition.
(e) The owner of property to be acquired for a right-of-way mustgive at least sixty (60) days notice by registered mail to thedepartment before developing or otherwise improving the property.However, the owner may perform normal or emergency repairs toexisting structures on the property without giving notice to thedepartment.
(f) Not more than forty-five (45) days after receiving a noticeunder subsection (e), the department shall respond by providingnotice to the property owner of the department's intent to acquire theproperty. The department shall:
(1) purchase; or
(2) exercise the right of eminent domain to acquire;
the property not more than one hundred eighty (180) days afterresponding under this subsection. If the department does notpurchase the property or acquire the property by eminent domainwithin one hundred eighty (180) days after responding under thissubsection, the department may subsequently acquire the propertythrough the exercise of the right of eminent domain under IC 32-24.
(g) An owner of property to be acquired for a right-of-way maynot receive damages for any development or improvement for whichthe owner is required to give notice to the department undersubsection (e) unless the department fails to purchase or exercise theright of eminent domain to acquire the property under subsection (f).
(h) The state or a county or municipality in which an addition tothe state highway system is located may acquire a right-of-wayneeded for the addition at any time. For purposes of this subsection,the fair market value of the property shall be determined as follows:
(1) If the property is purchased, the fair market value on thedate of purchase.
(2) If the property is acquired by eminent domain, the fairmarket value on the date on which the complaint incondemnation was filed.
However, if the property is agricultural land, the fair market valueshall be determined under IC 32-24-1.
(i) The department shall adopt guidelines to determine whether aproject constitutes an addition to the state highway system forpurposes of this section. In adopting guidelines under this subsection,the department shall consider the following:
(1) The need for additional capacity.
(2) The estimated cost of the project.
(3) Whether the project is new construction or maintenance.
(j) As used in this section, "owner" does not include a utility.
(k) At the same time and in the same manner as the notice is sentunder subsection (d)(2), the department shall notify the owner ofproperty to be acquired for a right-of-way of the following: (1) With respect to damage that occurs to the property as aresult of entry onto the land for a purpose set forth inIC 8-23-7-26:
(A) a description of the owner's right to compensation forthe damage from the department; and
(B) the procedure that the owner must follow to obtain thecompensation.
(2) The name, mailing address, and telephone number of anindividual or office within the department to which the ownermay direct questions concerning the rights and proceduresdescribed in subdivision (1).
As added by P.L.99-2008, SEC.1.