IC 8-15.7-14
Chapter 14. Additional Powers of the Authority and the
Department With Respect to Qualifying Projects
IC 8-15.7-14-1 Cooperation by authority or department with other governmental
entities
Sec. 1. The authority or the department may exercise any powers
provided under this article in participation or cooperation with any
governmental entity and enter into any contracts to facilitate that
participation or cooperation without compliance with any other
statute. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-2 Contracts necessary for performance of duties
Sec. 2. The authority or the department may make and enter into
all contracts and agreements necessary or incidental to the
performance of the authority's or department's duties and the
execution of the authority's or department's powers under this article.
These contracts or agreements are not subject to any approvals other
than the approval of the authority or the department, as applicable,
and may be for any term of years and contain any terms that are
considered reasonable by the authority or the department. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-3 Payment of amounts owed from available funds
Sec. 3. The authority or the department may pay the costs incurred
under a public-private agreement entered into under this article from
any funds legally available to the authority or the department under
this article or any other statute. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-4 Delegation of certain powers to operator
Sec. 4. For purposes of this article, the department may authorize
an operator under a public-private agreement to perform any of its
duties under IC 8-15-3-9, IC 8-15-3-16, IC 8-15-3-29, IC 8-15-3-30,
and IC 8-15-3-33. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-5 Powers under tollway statute; delegation of powers to authority;
eminent domain
Sec. 5. (a) Subject to subsection (b), the department may exercise
any of its powers under IC 8-15-3 as necessary or desirable for the
performance of its duties and the execution of its powers under this
article. In connection with or in anticipation of the exercise by the
authority of any powers granted to the authority by this article, the
department may authorize the authority to exercise all or part of the
powers of the department under this article as necessary or desirable
to accomplish the purposes of this article.
(b) For purposes of subsection (a):
(1) the department's or the authority's use of the power of
eminent domain to acquire property or interests in property for
a project under this article; and
(2) the rights of property owners who are affected by the
authority's use of the power of eminent domain for a project
under this article;
are governed by IC 8-15-3, IC 8-23-7, IC 32-24, and any other
applicable provision of the Indiana Code as in effect on January 1,
2010, and are not affected by amendments to those statutes enacted
after December 31, 2009. As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010,
SEC.21.
IC 8-15.7-14-6 Impairment of public-private agreement prohibited
Sec. 6. The authority or the department may not take any action
under this chapter that would impair the public-private agreement
entered into under this article. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-7 Agreement with state police concerning law enforcement
Sec. 7. (a) The department shall enter into an agreement between
and among the operator, the department, and the state police
department concerning the provision of law enforcement assistance
with respect to a qualifying project that is the subject of a
public-private agreement under this article.
(b) The department may enter into arrangements with the state
police department related to costs incurred in providing law
enforcement assistance under this article. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14
Chapter 14. Additional Powers of the Authority and the
Department With Respect to Qualifying Projects
IC 8-15.7-14-1 Cooperation by authority or department with other governmental
entities
Sec. 1. The authority or the department may exercise any powers
provided under this article in participation or cooperation with any
governmental entity and enter into any contracts to facilitate that
participation or cooperation without compliance with any other
statute. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-2 Contracts necessary for performance of duties
Sec. 2. The authority or the department may make and enter into
all contracts and agreements necessary or incidental to the
performance of the authority's or department's duties and the
execution of the authority's or department's powers under this article.
These contracts or agreements are not subject to any approvals other
than the approval of the authority or the department, as applicable,
and may be for any term of years and contain any terms that are
considered reasonable by the authority or the department. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-3 Payment of amounts owed from available funds
Sec. 3. The authority or the department may pay the costs incurred
under a public-private agreement entered into under this article from
any funds legally available to the authority or the department under
this article or any other statute. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-4 Delegation of certain powers to operator
Sec. 4. For purposes of this article, the department may authorize
an operator under a public-private agreement to perform any of its
duties under IC 8-15-3-9, IC 8-15-3-16, IC 8-15-3-29, IC 8-15-3-30,
and IC 8-15-3-33. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-5 Powers under tollway statute; delegation of powers to authority;
eminent domain
Sec. 5. (a) Subject to subsection (b), the department may exercise
any of its powers under IC 8-15-3 as necessary or desirable for the
performance of its duties and the execution of its powers under this
article. In connection with or in anticipation of the exercise by the
authority of any powers granted to the authority by this article, the
department may authorize the authority to exercise all or part of the
powers of the department under this article as necessary or desirable
to accomplish the purposes of this article.
(b) For purposes of subsection (a):
(1) the department's or the authority's use of the power of
eminent domain to acquire property or interests in property for
a project under this article; and
(2) the rights of property owners who are affected by the
authority's use of the power of eminent domain for a project
under this article;
are governed by IC 8-15-3, IC 8-23-7, IC 32-24, and any other
applicable provision of the Indiana Code as in effect on January 1,
2010, and are not affected by amendments to those statutes enacted
after December 31, 2009. As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010,
SEC.21.
IC 8-15.7-14-6 Impairment of public-private agreement prohibited
Sec. 6. The authority or the department may not take any action
under this chapter that would impair the public-private agreement
entered into under this article. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-7 Agreement with state police concerning law enforcement
Sec. 7. (a) The department shall enter into an agreement between
and among the operator, the department, and the state police
department concerning the provision of law enforcement assistance
with respect to a qualifying project that is the subject of a
public-private agreement under this article.
(b) The department may enter into arrangements with the state
police department related to costs incurred in providing law
enforcement assistance under this article. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14
Chapter 14. Additional Powers of the Authority and the
Department With Respect to Qualifying Projects
IC 8-15.7-14-1 Cooperation by authority or department with other governmental
entities
Sec. 1. The authority or the department may exercise any powers
provided under this article in participation or cooperation with any
governmental entity and enter into any contracts to facilitate that
participation or cooperation without compliance with any other
statute. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-2 Contracts necessary for performance of duties
Sec. 2. The authority or the department may make and enter into
all contracts and agreements necessary or incidental to the
performance of the authority's or department's duties and the
execution of the authority's or department's powers under this article.
These contracts or agreements are not subject to any approvals other
than the approval of the authority or the department, as applicable,
and may be for any term of years and contain any terms that are
considered reasonable by the authority or the department. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-3 Payment of amounts owed from available funds
Sec. 3. The authority or the department may pay the costs incurred
under a public-private agreement entered into under this article from
any funds legally available to the authority or the department under
this article or any other statute. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-4 Delegation of certain powers to operator
Sec. 4. For purposes of this article, the department may authorize
an operator under a public-private agreement to perform any of its
duties under IC 8-15-3-9, IC 8-15-3-16, IC 8-15-3-29, IC 8-15-3-30,
and IC 8-15-3-33. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-5 Powers under tollway statute; delegation of powers to authority;
eminent domain
Sec. 5. (a) Subject to subsection (b), the department may exercise
any of its powers under IC 8-15-3 as necessary or desirable for the
performance of its duties and the execution of its powers under this
article. In connection with or in anticipation of the exercise by the
authority of any powers granted to the authority by this article, the
department may authorize the authority to exercise all or part of the
powers of the department under this article as necessary or desirable
to accomplish the purposes of this article.
(b) For purposes of subsection (a):
(1) the department's or the authority's use of the power of
eminent domain to acquire property or interests in property for
a project under this article; and
(2) the rights of property owners who are affected by the
authority's use of the power of eminent domain for a project
under this article;
are governed by IC 8-15-3, IC 8-23-7, IC 32-24, and any other
applicable provision of the Indiana Code as in effect on January 1,
2010, and are not affected by amendments to those statutes enacted
after December 31, 2009. As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010,
SEC.21.
IC 8-15.7-14-6 Impairment of public-private agreement prohibited
Sec. 6. The authority or the department may not take any action
under this chapter that would impair the public-private agreement
entered into under this article. As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-7 Agreement with state police concerning law enforcement
Sec. 7. (a) The department shall enter into an agreement between
and among the operator, the department, and the state police
department concerning the provision of law enforcement assistance
with respect to a qualifying project that is the subject of a
public-private agreement under this article.
(b) The department may enter into arrangements with the state
police department related to costs incurred in providing law
enforcement assistance under this article. As added by P.L.47-2006, SEC.40.
