IC 8-23-26-1 Application of chapter
Sec. 1. (a) This chapter does not apply to a project let under
IC 8-23-11.
(b) This chapter applies only to projects on the state highway
system (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's
facilities will interfere with a planned highway or bridge construction
or improvement project, the commissioner may order the utility to
relocate the utility's facilities. An order issued under this section may
not take effect less than six (6) months after the date the department
requests, in writing, that the utility provide a facilities relocation
plan. 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 to
the utility of the commissioner's order to relocate the utility's
facilities. 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 of
this chapter may appeal the order under IC 4-21.5-3 for the following
reasons:
(1) The utility disputes the necessity of the relocation.
(2) The utility determines that the utility cannot relocate the
utility'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 utility
to reimburse the utility for extraordinary costs of facilities relocation
caused by a highway or bridge construction or improvement project
or a combination of highway or bridge construction or improvement
projects. 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 negotiated
under 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 an
unnecessary relocation of facilities if, after the completion of the
relocation of the facilities:
(1) within two (2) years after the completion the department has
not let a contract for the highway or bridge construction or
improvement; or
(2) the department alters the department's plan of construction
for the highway or bridge construction or improvement in a
manner that would cause the utility to relocate the utility's
facilities for the same highway or bridge construction or
improvement project. As added by P.L.63-1992, SEC.4.
IC 8-23-26-8 Reimbursements for unnecessary relocation; limits; further
conditions
Sec. 8. (a) The reimbursement paid under section 7 of this chapter
is limited to the cost of relocation (as defined in IC 8-1-9-2) to the
utility.
(b) The department may reimburse a utility for an unnecessary
relocation under section 7 only if the relocation of the utility's
facilities 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 paid
under 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 improvement
project requires the relocation of customer service facilities, the
utility providing service to the customer is responsible for arranging
the relocation of the utility's customer service facilities required to
be 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 customer
service facilities; responsibility for costs
Sec. 11. If a highway or bridge construction or improvement
project requires the acquisition of additional right-of-way and the
relocation of customer service facilities that existed within the newly
acquired right-of-way, the department is responsible for the cost of
relocating 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 construction
or improvement project that requires the relocation of customer
service facilities located in a highway, street, or road:
(1) If the utility does not own the customer service facilities, the
department is responsible for the cost of the relocation of those
facilities.
(2) If the utility owns the customer service facilities, the cost of
relocation is the responsibility of the utility or the customer, as
determined by the operating rules of the utility or by a contract
between 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 service
facilities
Sec. 13. If a utility does not carry out the utility's responsibilities
under section 10 of this chapter within six (6) months after the
department has requested, in writing, a facilities relocation plan, the
department may cause the relocation of the customer service
facilities 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 customer
service facilities under section 13 of this chapter, the department may
recover the costs of the relocation from the utility.
(b) A utility shall reimburse the department for costs that are
allowable under section 12(2) of this chapter and that the department
determines are not extraordinary costs incurred under section 13 of
this chapter upon the presentation of an invoice of the costs from the
department. As added by P.L.63-1992, SEC.4.
IC 8-23-26-15 National system of interstate highways; application; costs of future
relocations and adjustments
Sec. 15. (a) This section does not apply to a relocation included
in the national system of interstate highways if the placement of the
facilities 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 and
adjustments of the facilities caused by highway or bridge
construction or improvements. As added by P.L.63-1992, SEC.4.
IC 8-23-26-1 Application of chapter
Sec. 1. (a) This chapter does not apply to a project let under
IC 8-23-11.
(b) This chapter applies only to projects on the state highway
system (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's
facilities will interfere with a planned highway or bridge construction
or improvement project, the commissioner may order the utility to
relocate the utility's facilities. An order issued under this section may
not take effect less than six (6) months after the date the department
requests, in writing, that the utility provide a facilities relocation
plan. 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 to
the utility of the commissioner's order to relocate the utility's
facilities. 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 of
this chapter may appeal the order under IC 4-21.5-3 for the following
reasons:
(1) The utility disputes the necessity of the relocation.
(2) The utility determines that the utility cannot relocate the
utility'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 utility
to reimburse the utility for extraordinary costs of facilities relocation
caused by a highway or bridge construction or improvement project
or a combination of highway or bridge construction or improvement
projects. 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 negotiated
under 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 an
unnecessary relocation of facilities if, after the completion of the
relocation of the facilities:
(1) within two (2) years after the completion the department has
not let a contract for the highway or bridge construction or
improvement; or
(2) the department alters the department's plan of construction
for the highway or bridge construction or improvement in a
manner that would cause the utility to relocate the utility's
facilities for the same highway or bridge construction or
improvement project. As added by P.L.63-1992, SEC.4.
IC 8-23-26-8 Reimbursements for unnecessary relocation; limits; further
conditions
Sec. 8. (a) The reimbursement paid under section 7 of this chapter
is limited to the cost of relocation (as defined in IC 8-1-9-2) to the
utility.
(b) The department may reimburse a utility for an unnecessary
relocation under section 7 only if the relocation of the utility's
facilities 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 paid
under 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 improvement
project requires the relocation of customer service facilities, the
utility providing service to the customer is responsible for arranging
the relocation of the utility's customer service facilities required to
be 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 customer
service facilities; responsibility for costs
Sec. 11. If a highway or bridge construction or improvement
project requires the acquisition of additional right-of-way and the
relocation of customer service facilities that existed within the newly
acquired right-of-way, the department is responsible for the cost of
relocating 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 construction
or improvement project that requires the relocation of customer
service facilities located in a highway, street, or road:
(1) If the utility does not own the customer service facilities, the
department is responsible for the cost of the relocation of those
facilities.
(2) If the utility owns the customer service facilities, the cost of
relocation is the responsibility of the utility or the customer, as
determined by the operating rules of the utility or by a contract
between 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 service
facilities
Sec. 13. If a utility does not carry out the utility's responsibilities
under section 10 of this chapter within six (6) months after the
department has requested, in writing, a facilities relocation plan, the
department may cause the relocation of the customer service
facilities 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 customer
service facilities under section 13 of this chapter, the department may
recover the costs of the relocation from the utility.
(b) A utility shall reimburse the department for costs that are
allowable under section 12(2) of this chapter and that the department
determines are not extraordinary costs incurred under section 13 of
this chapter upon the presentation of an invoice of the costs from the
department. As added by P.L.63-1992, SEC.4.
IC 8-23-26-15 National system of interstate highways; application; costs of future
relocations and adjustments
Sec. 15. (a) This section does not apply to a relocation included
in the national system of interstate highways if the placement of the
facilities 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 and
adjustments of the facilities caused by highway or bridge
construction or improvements. As added by P.L.63-1992, SEC.4.
IC 8-23-26-1 Application of chapter
Sec. 1. (a) This chapter does not apply to a project let under
IC 8-23-11.
(b) This chapter applies only to projects on the state highway
system (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's
facilities will interfere with a planned highway or bridge construction
or improvement project, the commissioner may order the utility to
relocate the utility's facilities. An order issued under this section may
not take effect less than six (6) months after the date the department
requests, in writing, that the utility provide a facilities relocation
plan. 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 to
the utility of the commissioner's order to relocate the utility's
facilities. 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 of
this chapter may appeal the order under IC 4-21.5-3 for the following
reasons:
(1) The utility disputes the necessity of the relocation.
(2) The utility determines that the utility cannot relocate the
utility'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 utility
to reimburse the utility for extraordinary costs of facilities relocation
caused by a highway or bridge construction or improvement project
or a combination of highway or bridge construction or improvement
projects. 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 negotiated
under 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 an
unnecessary relocation of facilities if, after the completion of the
relocation of the facilities:
(1) within two (2) years after the completion the department has
not let a contract for the highway or bridge construction or
improvement; or
(2) the department alters the department's plan of construction
for the highway or bridge construction or improvement in a
manner that would cause the utility to relocate the utility's
facilities for the same highway or bridge construction or
improvement project. As added by P.L.63-1992, SEC.4.
IC 8-23-26-8 Reimbursements for unnecessary relocation; limits; further
conditions
Sec. 8. (a) The reimbursement paid under section 7 of this chapter
is limited to the cost of relocation (as defined in IC 8-1-9-2) to the
utility.
(b) The department may reimburse a utility for an unnecessary
relocation under section 7 only if the relocation of the utility's
facilities 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 paid
under 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 improvement
project requires the relocation of customer service facilities, the
utility providing service to the customer is responsible for arranging
the relocation of the utility's customer service facilities required to
be 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 customer
service facilities; responsibility for costs
Sec. 11. If a highway or bridge construction or improvement
project requires the acquisition of additional right-of-way and the
relocation of customer service facilities that existed within the newly
acquired right-of-way, the department is responsible for the cost of
relocating 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 construction
or improvement project that requires the relocation of customer
service facilities located in a highway, street, or road:
(1) If the utility does not own the customer service facilities, the
department is responsible for the cost of the relocation of those
facilities.
(2) If the utility owns the customer service facilities, the cost of
relocation is the responsibility of the utility or the customer, as
determined by the operating rules of the utility or by a contract
between 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 service
facilities
Sec. 13. If a utility does not carry out the utility's responsibilities
under section 10 of this chapter within six (6) months after the
department has requested, in writing, a facilities relocation plan, the
department may cause the relocation of the customer service
facilities 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 customer
service facilities under section 13 of this chapter, the department may
recover the costs of the relocation from the utility.
(b) A utility shall reimburse the department for costs that are
allowable under section 12(2) of this chapter and that the department
determines are not extraordinary costs incurred under section 13 of
this chapter upon the presentation of an invoice of the costs from the
department. As added by P.L.63-1992, SEC.4.
IC 8-23-26-15 National system of interstate highways; application; costs of future
relocations and adjustments
Sec. 15. (a) This section does not apply to a relocation included
in the national system of interstate highways if the placement of the
facilities 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 and
adjustments of the facilities caused by highway or bridge
construction or improvements. As added by P.L.63-1992, SEC.4.
