CHAPTER 9. RELOCATION OF UTILITIES IN HIGHWAY RIGHTS-OF-WAY
IC 8-1-9
Chapter 9. Relocation of Utilities in Highway Rights-of-Way
IC 8-1-9-1
Public policy
Sec. 1. Recognizing that (a) part of the national system of
interstate and defense highways located in Indiana are used by
persons residing throughout Indiana and the United States for
intrastate and interstate travel; (b) the cost of relocation of utility
facilities necessitated by construction, reconstruction, change or
modification of said highways is presently subject to being borne by
utility rate payers only; and (c) existing federal legislation makes
available a substantial portion of the funds with which said highways
will be constructed, reconstructed, changed or modified, it is hereby
declared that it is inequitable for rate payers of utilities to bear the
cost of relocation of utility facilities necessitated by said highway
construction, reconstruction, change or modification and that such
cost of relocation of utility facilities should constitute a cost of
construction of all of said highway projects in Indiana.
(Formerly: Acts 1961, c.112, s.1.)
IC 8-1-9-2
Definitions
Sec. 2. When used in this chapter, the term:
(a) "Utility" shall include all privately, municipally, publicly, or
cooperatively owned systems for supplying communications, power,
light, heat, electricity, gas, water, pipeline, sewer, sewage disposal,
drain, or like service, directly or indirectly, to the public.
(b) "Cost of relocation" shall include the entire amount paid by a
utility properly attributable to such relocation, after deducting
therefrom any increase in the value of the new facility and any
salvage value derived from the old facility.
(c) "Highway" when used in this chapter shall mean only those
routes which are included within the national system of interstate and
defense highways.
(Formerly: Acts 1961, c.112, s.2.) As amended by P.L.59-1984,
SEC.62.
IC 8-1-9-3
Audits
Sec. 3. The cost of relocation of a utility facility is a cost of
highway construction and shall be paid by the state in the same
manner other costs of construction of the highway are paid. All
relevant books, records, and accounts of any public utility to which
a payment for a relocation has been made by the state shall be
audited by the Indiana department of transportation auditor and the
utility, following the audit, shall refund any portion of the payment
the state determines was not properly compensable.
(Formerly: Acts 1961, c.112, s.3; Acts 1965, c.321, s.1.) As amended
by Acts 1980, P.L.74, SEC.34; P.L.18-1990, SEC.25.
IC 8-1-9-4
New location; right to operate
Sec. 4. In the case of any such relocation of facilities, the utility
owning or operating the same, its successors, or assigns, may
maintain and operate such facilities, with the necessary
appurtenances in the new location or new locations, for as long a
period, and upon the same terms and conditions, as it had the right to
maintain and operate such facilities in their former location or
locations.
(Formerly: Acts 1961, c.112, s.4.)
IC 8-1-9-5
Certain projects; payment of initial cost
Sec. 5. Notwithstanding any other provisions of this chapter, the
Indiana department of transportation may pay the initial cost of
relocating a utility facility if all of the following conditions have
been met:
(1) The utility facility is owned by a political subdivision of this
state.
(2) The removal of the utility facility is incurred as the result of
a federally funded highway or railroad-highway improvement
project.
(3) The relocation qualifies for initial cost of construction with
state funds as a part of the federal-aid project cost.
(4) A federal-aid project agreement is entered into with the
Federal Highway Administration.
(5) The department has been assured reimbursement for all
costs by the Federal Highway Administration, the political
subdivision, or both.
As added by Acts 1982, P.L.73, SEC.1. Amended by P.L.18-1990,
SEC.26.