CHAPTER 3. TOLLWAYS
IC 8-15-3
Chapter 3. Tollways
IC 8-15-3-1
"Cost" defined
Sec. 1. As used in this chapter, "cost" (as applied to a tollway or
any part of a tollway) includes the following:
(1) The cost of construction, including bridges over or under
other public roads and railroads.
(2) The cost of acquisition of all real property, rights-of-way,
rights, easements, and interests acquired by the department for
construction.
(3) The cost of demolishing or removing any building or
structure on acquired real property, including the cost of
acquiring any real property to which buildings or structures may
be moved.
(4) The cost of diverting highways, interchanges of highways,
and access roads to private property, including the cost of real
property or easements.
(5) The cost of all machinery and equipment.
(6) The cost of traffic estimates and of engineering and legal
expenses, plans, specifications, surveys, and estimates of costs
and revenues.
(7) Other expenses that are necessary or incidental to the
construction, reconstruction, or conversion of the tollway and
the placing of the tollway in operation.
(8) Administrative expenses.
(9) Any obligation or expense incurred by the department for
surveys, borings, preparation of plans and specifications, and
other engineering services in connection with the construction
of a tollway under this chapter.
(10) The repayment of a grant from a federal agency that the
department itself is authorized to repay under section 19 of this
chapter in connection with a tollway.
(11) The cost of conversion of a state highway to a tollway
under IC 8-23-7-22.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,
SEC.135.
IC 8-15-3-2
"Department" defined
Sec. 2. As used in this chapter, "department" refers to the Indiana
department of transportation.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,
SEC.136.
IC 8-15-3-2.5
"Operator" defined
Sec. 2.5. "Operator" refers to one (1) or more private individuals
or entities that enter into a public-private agreement to do one (1) or
more of the following with respect to one (1) or more tollways:
(1) Planning.
(2) Design.
(3) Development.
(4) Construction.
(5) Reconstruction.
(6) Maintenance.
(7) Repair.
(8) Financing.
(9) Operation.
A public entity may provide services to an operator as a
subcontractor or subconsultant without affecting the private status of
the operator and the entity's or operator's ability to enter into a
public-private agreement.
As added by P.L.47-2006, SEC.20.
IC 8-15-3-3
"Owner" defined
Sec. 3. As used in this chapter, "owner" includes any individual,
partnership, association, limited liability company, or corporation
having title or interest in any property right, easement, or interest
acquired by this chapter.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.8-1993,
SEC.146.
IC 8-15-3-3.5
"Public-private agreement" defined
Sec. 3.5. "Public-private agreement" has the meaning set forth in
IC 8-15.7-2-15.
As added by P.L.47-2006, SEC.21.
IC 8-15-3-4
"Public road" defined
Sec. 4. As used in this chapter, "public road" includes any public
highway, road, and street in the state (including any toll road or
tollway), whether maintained by the state, a county, a city, a town,
or any other political subdivision or body corporate and politic
separate from the state but exercising powers constituting essential
government functions.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-5
"Revenue" defined
Sec. 5. As used in this chapter, "revenue" means any toll, rental,
gift, grant, appropriation, money, or other funds or property coming
into the possession or under the control of the department under this
chapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-6
"State highway" defined
Sec. 6. As used in this chapter, "state highway" means a public
road for which the department is responsible under IC 8-23-2-4.1(4).
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.1-2002,
SEC.37.
IC 8-15-3-7
"Tollway" defined
Sec. 7. As used in this chapter, "tollway" includes any
combination or part of:
(1) an express highway, limited access facility, superhighway,
bridge, tunnel, or motor way, including express lanes and
managed lanes, constructed under this chapter or IC 8-15.7 or,
subject to section 10 of this chapter, converted to a tollway
under IC 8-23-7-22;
(2) any bridge, tunnel, overpass, underpass, interchange,
structure, ramp, access road, service road, entrance plaza,
approach, tollhouse, utility corridor, toll gantry, rest stop,
service station, or administration, storage, or other buildings or
facilities, including temporary facilities and buildings, facilities,
and structures that will not be tolled, that the department
considers appurtenant to or necessary or desirable for the
financing, construction, operation, or maintenance of one (1) or
more of the items described in subdivision (1);
(3) any subsequent improvement, betterment, enlargement,
extension, or reconstruction of one (1) or more items described
in this section, including any nontolled part, that are separately
designated by name or number; and
(4) a project connecting the state of Indiana with an adjacent
state.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,
SEC.137; P.L.47-2006, SEC.22; P.L.85-2010, SEC.2.
IC 8-15-3-8
"Transient lodging facility" defined
Sec. 8. As used in this chapter, "transient lodging facility" means
accommodations for overnight or temporary habitation. The term
includes a hotel, motel, motor court, lodge, or inn.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-9
Location of tollway; approval; powers of department
Sec. 9. (a) Subject to subsection (e), the governor must approve
the location of any tollway.
(b) The department may, in any combination, plan, design,
develop, construct, reconstruct, maintain, repair, police, finance, and
operate tollways, public improvements, and arterial streets and roads
at those locations that the governor approves.
(c) The department may, in any combination, plan, design,
develop, construct, reconstruct, improve, finance, operate, repair, or
maintain public improvements such as roads and streets, sewer lines,
water lines, and other utilities if these improvements are:
(1) adjacent or appurtenant to a tollway; or
(2) necessary or desirable for the financing, construction,
operation, or maintenance of a tollway.
(d) The department may, in any combination, plan, design,
develop, construct, reconstruct, improve, maintain, repair, operate,
or finance the construction or reconstruction of an arterial highway
or an arterial street that:
(1) is adjacent to, appurtenant to, or interchanges with a
tollway; or
(2) intersects with a road or street that interchanges with a
tollway.
(e) Notwithstanding any other law, the governor, the department,
or an operator may not carry out any of the following activities under
this chapter unless the general assembly enacts a statute authorizing
that activity:
(1) Approve the location of a tollway, other than:
(A) Interstate Highway 69 between Interstate Highway 64
and a city having a population of more than eleven thousand
five hundred (11,500) but less than eleven thousand seven
hundred forty (11,740);
(B) the Illiana Expressway, a limited access facility
connecting Interstate Highway 65 in northwestern Indiana
with an interstate highway in Illinois; or
(C) a project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the
state of Indiana with the commonwealth of Kentucky.
(2) Carry out construction for Interstate Highway 69 in a
township having a population of more than seventy-five
thousand (75,000) and less than ninety-three thousand five
hundred (93,500).
(3) Impose tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740).
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.23; P.L.85-2010, SEC.3.
IC 8-15-3-10
Conversion of state highway to tollway
Sec. 10. The department (subject to complying with IC 8-23-7-22)
may convert a state highway to a tollway.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,
SEC.138.
IC 8-15-3-11
Rules; use of tollways and streets
Sec. 11. The department may establish rules for the use of
tollways, public improvements, or arterial streets or roads.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-12
Fixing and collecting tolls
Sec. 12. The department may fix, revise, charge, collect, retain,
and use tolls for transit over each tollway or part of a tollway. The
tolls and the setting of toll rates are not subject to supervision or
regulation by any other commission, board, bureau, or agency of the
state.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,
SEC.139; P.L.47-2006, SEC.24.
IC 8-15-3-13
Acquisition of property
Sec. 13. The department may acquire in the name of the state, by
purchase or otherwise, on the terms and conditions and in the manner
that the department considers proper or by the exercise of the right
of condemnation as prescribed by this chapter, that public or private
property (including public parks, playgrounds, or reservations,
including parts of them or rights in them, rights-of-way, property
rights, easements, and interests) that the department considers
necessary for carrying out this chapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-14
Sale, transfer, or conveyance of property
Sec. 14. The department may sell, transfer, and convey any real
property, any interest in real property, or any part of real property
(whether acquired by purchase, condemnation, or otherwise, and
whether the land or interest had been public or private) when it is no
longer needed for purposes of this chapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-15
Transfer or lease of property
Sec. 15. The department may transfer to the tollway or lease,
license, or otherwise transfer to the authority or the operator of a
tollway any real property or interest in real property acquired by it
under section 13 or 31 of this chapter, IC 8-23-7, or otherwise that is
necessary, desirable, or convenient for the financing, construction,
maintenance, and operation of any tollway or part of a tollway, or as
otherwise required under this chapter.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,
SEC.140; P.L.47-2006, SEC.25.
IC 8-15-3-16
Ingress and egress points
Sec. 16. (a) Except as provided in subsection (b), the department
may designate the locations and establish, limit, and control points
of ingress and egress from each tollway as necessary or desirable to:
(1) ensure the proper operation and maintenance of the tollway;
(2) finance the tollway;
(3) prohibit entrance to the tollway from any point that is not
designated as an entrance; and
(4) provide for and permit the interconnection of a tollway with
a toll road that is leased or operated by the department.
(b) The department may not grant ingress to or egress from any
tollway, service area, or toll collection area having direct access to
the tollway for the operation of transient lodging facilities, including
the service areas on which are located service stations and
restaurants and toll plazas and paved parts of the right-of-way.
(c) The department shall erect at all points of ingress and egress
suitable signs facing traffic from each direction on the tollway. These
signs must designate the number and other designations, if any, of all
United States or state highways of ingress or egress, the names of all
Indiana municipalities having a population of at least five thousand
(5,000) within a distance of seventy-five (75) miles on the roads of
ingress or egress, and the distance in miles to those designated
municipalities.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.26.
IC 8-15-3-17
Contracts, leases, and other agreements
Sec. 17. The department may make and enter into all leases,
licenses, conveyances, contracts, and agreements necessary or
incidental to the performance of the department's duties and the
execution of the department's powers under this chapter and
IC 8-15.7.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.27.
IC 8-15-3-18
Employees, consultants, and contractors
Sec. 18. The department may employ consulting engineers,
superintendents, managers, other engineers, construction experts,
financial advisers, accounting experts, attorneys, and other
consultants, contractors, employees, and agents necessary to carry
out this chapter or IC 8-15.7, and fix their compensation.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.28.
IC 8-15-3-19
Grants; aid; contributions
Sec. 19. The department may receive and accept in any
combination from any federal, state, or local agency, subject to
IC 8-23-3, loan proceeds, proceeds from lines of credit, proceeds
from credit guarantees, and grants for or in aid of the planning,
design, construction, financing, repair, rehabilitation, expansion,
improvement, operation, or maintenance of all or part of any tollway,
and receive and accept aid or contributions from any source of either
money, property, labor, or other things of value, to be held, used, and
applied only for the purposes for which those loan proceeds,
proceeds from lines of credit, proceeds from credit guarantees,
grants, or contributions are made. The department may distribute any
part of loan proceeds, proceeds from lines of credit, proceeds from
credit guarantees, and grants received under this section to an
operator as permitted by the terms of the loan, line of credit, credit
guarantee, or grant. The department, the authority, or an operator, as
required by a public-private agreement, shall repay any loan, line of
credit, credit guarantee, or grant from a federal, state, or local
agency, if a repayment is necessary to free the department from
restrictions that the department determines to be in the public interest
to remove.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.29.
IC 8-15-3-20
Expenditures or loans for public improvements
Sec. 20. The department may establish fees, charges, terms, or
conditions for any expenditures, loans, or other form of financial
participation in connection with public improvements on arterial
streets and roads that are financed with tollway funds.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-21
Acceptance of gifts, bequests, loans, or revenue sharing
Sec. 21. The department may accept gifts, devises, bequests,
grants, loans, appropriations, revenue sharing, and any other
financing and assistance from any source and agree to and comply
with conditions attached to it. Subject to the conditions agreed to by
the department, the department may distribute any gifts, devises,
bequests, grants, loans, appropriations, revenue sharing, and any
other financing and assistance received under this section to an
operator, as set forth in a public-private agreement.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.30.
IC 8-15-3-22
Power of department
Sec. 22. (a) The department has any power with respect to
tollways that it has in connection with state highways.
(b) The department may do all acts and things necessary or proper
to carry out this chapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-23
Exercise of power; exemption from taxation or assessments
Sec. 23. (a) The exercise of the powers granted by this chapter to
the department or the authority must be in all respects for:
(1) the benefit of the people of Indiana;
(2) the increase of the commerce and prosperity of Indiana; and
(3) the improvement of the health and living conditions of the
people of Indiana.
(b) Since the operation and maintenance of a tollway by the
department or the authority constitutes the performance of essential
governmental functions, neither the department nor the authority is
required to pay any taxes or assessments upon a tollway or any
property acquired or used by the department under this chapter or
IC 8-15.7 or upon the income from a tollway.
(c) The operator under a public-private agreement is not required
to pay taxes or assessments upon a tollway, any property or property
interest acquired by the operator under a public-private agreement,
or any possessory interest in the tollway or in property granted or
created by the public-private agreement under this chapter or
IC 8-15.7.
(d) An operator or any other person purchasing tangible personal
property for incorporation into or improvement of a structure or
facility constituting or becoming part of the land included in:
(1) a tollway; or
(2) property granted or created by the public-private agreement;
is entitled to the exemption from gross retail tax and use tax provided
under IC 6-2.5-4-9(b) and IC 6-2.5-3-2(c), respectively, with respect
to that tangible personal property.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.31.
IC 8-15-3-24
Tolls and charges; fixing and collecting; deposits
Sec. 24. (a) Except as provided in subsection (b), the department
may:
(1) fix, revise, charge, and collect tolls, fees, or charges for:
(A) the use of a tollway or any part of a tollway, including
the right-of-way adjoining the paved part of the tollway;
(B) placing on a tollway or part of a tollway telephone,
telegraph, electric light, cable, communication, gas, water,
sewer, or power lines;
(C) the initiation, administration, and maintenance of
customer accounts, late payment procedures, credit card and
other electronic transactions, and enforcement actions for
collection of unpaid amounts; and
(D) equipment used by customers in connection with
electronic tolling, including transponders;
(2) fix the terms, conditions, and rates of charge for use of a
tollway; and
(3) retain and use tolls, fees, or charges collected in accordance
with this article.
(b) A toll or charge may not be made by the department for the
following:
(1) The operation of temporary lodging facilities located upon
or adjacent to a tollway.
(2) Placing in, on, along, over, or under a tollway any
telephone, telegraph, electric light, cable, communication, gas,
water, sewer, or power lines, equipment, or facilities that are
necessary to serve establishments located on the tollway or that
are necessary to interconnect any public utility facilities on one
(1) side of the tollway with those on the other side.
(c) The department may fix the tolls for a tollway by establishing
maximum amounts and may provide that tolls or any maximum tolls
established, and any increases or decreases to those tolls or
maximum tolls, may be based on the indices or methodologies that
the department considers appropriate. The department may set an
increased toll for any class of traffic for any lane or other part of a
tollway if the department determines that an increased toll is
necessary or appropriate for financing the tollway or to reduce traffic
congestion, increase mobility, improve connectivity, promote fuel
conservation, achieve operating efficiencies, or promote public
safety. The department shall specify the times or conditions under
which an increased toll will be imposed. A reduced rate of toll is not
allowed within a class, except:
(1) through the use of commutation or other tickets or privileges
based upon frequency or volume of use;
(2) as permitted under an electronic tolling program;
(3) as permitted under a managed lane program under section
27.5 of this chapter;
(4) as necessary, desirable, or appropriate for financing the
tollway;
(5) on a part of a tollway designated by the department, in its
discretion, as an area free of tolls;
(6) as determined appropriate by the department; or
(7) as permitted under a public-private agreement.
(d) A person that passes a toll gate or other area of a tollway
where a toll, charge, or fee is due without paying that amount
commits a Class C infraction.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.32.
IC 8-15-3-25
Preservation of contracts
Sec. 25. All contracts executed by the department shall be
preserved in the principal office of the department.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-26
Rules; traffic control; property protection; law enforcement access
Sec. 26. (a) The department may adopt rules under IC 4-22-2 for
the following:
(1) The control and regulation of traffic on a tollway.
(2) The protection and preservation of property under the
department's or operator's jurisdiction and control.
(3) The maintenance and preservation of good order within the
property under the department's or operator's control.
(b) Rules adopted under this chapter must provide that law
enforcement officers be afforded ready access, while in the
performance of their official duties, to all property under the
department's jurisdiction without the payment of tolls.
(c) A person who violates a rule adopted under this section
commits a Class C infraction.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006,
SEC.33.
IC 8-15-3-27
Adoption of rules; traffic controls
Sec. 27. Notwithstanding IC 9, the department may adopt rules
under IC 4-22-2 for the following:
(1) Establishing weight and size limitations for vehicles using
a tollway, subject to the following:
(A) The operator of any vehicle exceeding any of the
maximum allowable dimensions or weights must apply to
the department in writing for an application for a special
hauling permit. The application must be received at least
seven (7) days before the time of desired entry. A permit, if
granted, shall be given to the applicant in duplicate, properly
completed, and numbered. The driver of the vehicle must
have a copy to present to the toll attendant on duty at the
point of entry to the tollway.
(B) The department shall assess a fee for issuing a special
hauling permit. In assessing the fee, the department shall
take into consideration the following factors:
(i) The administrative cost of issuing the permit.
(ii) The potential damage the vehicle represents to the
project.
(iii) The potential safety hazard the vehicle represents.
(2) Establishing the speed at which a vehicle may be driven on
a tollway, including a minimum speed and a maximum speed
not in excess of the maximum provided in IC 9 for the interstate
defense network of dual highways.
(3) Designating one-way traffic lanes on a tollway.
(4) Determining the manner of operation of vehicles entering
and leaving traffic lanes on a tollway.
(5) Determining the regulation of U-turns, of crossing or
entering medians, of stopping, parking, or standing, and of
passing vehicles on a tollway.
(6) Determining the establishment and enforcement of traffic
control signs and signals for vehicles in traffic lanes,
acceleration and deceleration lanes, toll plazas, and
interchanges on a tollway.
(7) Determining the limitation of entry to and exit from a
tollway to designated entrances and exits.
(8) Determining the limitation on use of a tollway by
pedestrians and aircraft and by vehicles of a type specified in
the rules.
(9) Regulating commercial activity on tollways, including the
following:
(A) The offering or display of goods or services for sale.
(B) The posting, distributing, or displaying of signs,
advertisements, or other printed or written material.
(C) The operation of a mobile or stationary public address
system.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.40-2000,
SEC.1; P.L.23-2001, SEC.1.
IC 8-15-3-27.5
Rules restricting use of lanes
Sec. 27.5. (a) The rules adopted under section 26 or 27 of this
chapter may include restrictions on the use of one (1) or more lanes
on any part of a tollway as necessary, appropriate, or desirable for
financing the tollway or to reduce congestion, increase mobility,
promote fuel conservation, achieve operating efficiencies, or promote
public safety. The restrictions may include limiting use of one (1) or
more lanes to private vehicles, high occupancy vehicles, vehicles that
participate in an electronic tolling program, trucks, commercial
vehicles, special fuel vehicles, transit vehicles, or vehicles that pay
a higher toll for exclusive use of a dedicated lane. The rules may
require a person eligible to use a restricted lane to obtain the permit
specified by the department or an operator, as permitted under a
public-private agreement.
(b) The department may require that an electronic device or other
identification device specified by the department or by an operator
as permitted under a public-private agreement be maintained in a
vehicle using a restricted lane on a tollway.
(c) The department may construct barriers or implement other
design, construction, or operational features to implement a managed
lane, express lane, or other program under this section.
As added by P.L.47-2006, SEC.34.
IC 8-15-3-27.7
Rules concerning electronic tolling
Sec. 27.7. (a) The rules adopted under section 26 or 27 of this
chapter may establish an electronic tolling program. The rules must
provide at least the following:
(1) A participant must enter into a written agreement containing
the terms and conditions approved by the department.
(2) An agreement must require the participant to do the
following:
(A) Establish the account specified by the department and
maintain the balance of funds in the account specified by the
department.
(B) Hold and use any device provided to register use of a
tollway that is chargeable to the participant's account in the
manner specified in the rules and participant's agreement.
(C) Pay the fees, charges, and tolls specified by the
department or an operator, as permitted under a
public-private agreement.
(D) Comply with any other necessary or appropriate terms
and conditions specified by the department or an operator, as
permitted under a public-private agreement.
(3) A method for resolving disputed charges with account
holders, including an agreement by the account holder to hold
the department and its agents harmless for the payment of any
unpaid financial obligation incurred by the account holder.
(4) The program will comply with all applicable federal and
state laws, regulations, and rules regulating credit transactions
between the entity holding the account and the account holder.
(5) Notice will be provided to the participant of all federal and
state privacy, credit, and other laws, regulations, and policies
applicable to an account and the program.
(b) The department may establish reasonable fees and charges to
be charged to account holders and business entities participating in
the electronic tolling program and to recover costs of administration,
account initiation and maintenance, late payments, credit card and
other electronic transactions, enforcement, and improvement of the
program. The fees and charges shall be deposited in the appropriate
special funds account for the tollways covered by the program, as
specified by the department, or used, retained, or deposited as
permitted under a public-private agreement.
(c) The identifying credit and tollway use information of an
electronic tolling program participant may not be used by the
department or an operator for commercial purposes not related to the
tollway.
As added by P.L.47-2006, SEC.35.
IC 8-15-3-28
Violations of rule; size and weight violations
Sec. 28. (a) A person who violates a rule adopted under section 27
of this chapter commits a Class C infraction.
(b) A violation of a weight limitation established by rule under
section 27 of this chapter is:
(1) a Class B infraction if the total of all excess weight under
those limitations is more than five thousand (5,000) pounds but
not more than ten thousand (10,000) pounds; or
(2) a Class A infraction if the total of all excess weight under
those limitations is more than ten thousand (10,000) pounds.
(c) It is a defense to the charge of violating a weight limitation
that the total of all excess weight under that limitation is less than
one thousand (1,000) pounds.
(d) The court may suspend the registration of a vehicle that
violates a size or weight limitation for a period of not more than
ninety (90) days. Upon the conviction of a person for a violation of
a weight or size limitation, the court may recommend suspension of
a current chauffeur's license only if the violation is committed
knowingly.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-29
Condition and repair of tollways
Sec. 29. Each tollway shall be maintained and kept in good
condition and repair by the department.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-30
Restoration or repair of damaged property
Sec. 30. All public and private property damaged or destroyed in
carrying out this chapter shall be restored or repaired and placed in
its original condition as nearly as practicable or adequate
compensation made for it.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-31
Lease, grant, or conveyance of property by political subdivision or
public agency
Sec. 31. Notwithstanding any other law, each county, city, town,
township, and other political subdivision and public agency of the
state may lease, lend, grant, or convey to the state at the request of
the department, upon reasonable and fair terms and conditions, and
without the necessity for an advertisement, order of court, or other
formal action (other than the regular and formal action of the
departments concerned), any real property for the purposes of this
chapter.
As added by P.L.386-1987(ss), SEC.13.
IC 8-15-3-32
Conversion of tollways to state highways
Sec. 32. Subject to any public-private agreement that applies to a
tollway, including terms applicable to the financing of the tollway,
the department may, after issuing an order and after receiving the
governor's approval, at any time determine that a tollway under its
jurisdiction should become a part of the system of state highways
free of tolls.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,
SEC.141; P.L.47-2006, SEC.36.
IC 8-15-3-33
Studies of tollway; additional interchanges
Sec. 33. (a) The department may expend any funds available for
the study of a tollway and may use the department's engineering and
other resources, including consulting engineers and traffic engineers,
to conduct this study.
(b) The department shall make studies of the feasibility of
construction of additional interchanges along tollways near
population and traffic generating centers. These studies shall be
made by consulting engineers and traffic engineers who are retained
by the department in connection with its other duties under this
chapter.
As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990,
SEC.142.
IC 8-15-3-34
Employment of police officers
Sec. 34. The department may arrange for the use and employment
of police officers to police a tollway. The police officers employed
under this section are vested with all necessary police powers to
enforce state laws. A police officer employed under this section has
the same powers within the property limits of a tollway as a law
enforcement officer (as defined in IC 35-41-1-17) within the law
enforcement officer's jurisdiction. A warrant of arrest issued by the
proper authority of the state may be executed within the property
limits of the tollway by a police officer employed by the department
or an operator.
As added by P.L.47-2006, SEC.37.
IC 8-15-3-35
Exercise of certain powers by authority or operator
Sec. 35. (a) If a public-private agreement is entered into under
IC 8-15.7 with respect to a project, the department may authorize:
(1) the authority to exercise all or a part of the powers of the
department under this chapter necessary or desirable to
accomplish the purposes of this chapter or IC 8-15.7; and
(2) the operator under the public-private agreement to exercise
all or a part of the powers of the department under sections 9,
16, 29, and 30 of this chapter under the public-private
agreement.
(b) The department may authorize the authority to exercise all or
a part of the powers of the department under this chapter necessary
or desirable to accomplish the purposes of this chapter.
As added by P.L.47-2006, SEC.38.