§ 5-28-26-7 — "Public facilities"

As used in this chapter, "public facilities"
includes a street, a road, a bridge, a storm water or sanitary sewer, a
sewage treatment facility, a facility designed to reduce, eliminate, or
prevent the spread of identified soil or groundwater contamination, a
drainage system, a retention basin, a pretreatment facility, a waterway,
a waterline, a water storage facility, a rail line, an electric, gas,
telephone or other communications line or any other type of utility line
or pipeline, or another similar or related structure or improvement,
together with necessary easements for the structure or improvement.
Except for rail lines, utility lines, or pipelines, the structures or
improvements described in this section must be either owned or used
by a public agency, functionally connected to similar or supporting
facilities owned or used by a public agency, or designed and dedicated
for use by, for the benefit of, or for the protection of the health, welfare,
or safety of the public generally, whether or not used by a single
business entity. Any road, street, or bridge must be continuously open
to public access. A public facility must be located on public property
or in a public, utility, or transportation easement or right-of-way.

Legislative History

As added by P.L.203-2005, SEC.2.