§ 8-15-2-6 — Additional powers

(a) The authority may:
(1) construct grade separations at intersections of any toll road
project with public roads, state highways, and railroads; and
(2) change and adjust the lines and grades of such public roads,
state highways, railroads, and public utility facilities.
The change and adjustment of lines and grades of public roads and
state highways is subject to the approval of the division of government
having jurisdiction of that road or highway. The cost of such grade
separation and any damage incurred in changing and adjusting the lines
and grades of such roads, highways, railroads, and public utility
facilities, shall be ascertained and paid by the authority as a part of the
cost of such toll road project.
(b) If the authority shall find it necessary to change the location of
any portion of any public road, state highway, railroad, or public utility
facility, it shall cause the same to be reconstructed at such location as
the division of government having jurisdiction over such road,
highway, railroad, or public utility facility shall deem most favorable
and of substantially the same type and in as good condition as the
original road, highway or railroad, or public utility facility. The cost of
such reconstruction, relocation, or removal and any damage incurred
in changing the location of any such road, highway, railroad, or public
utility facility shall be ascertained and paid by the authority as a part of
the cost of such toll road project.
(c) The authority shall have authority to petition, in the manner
prescribed in IC 36-7-3-12, the legislative body of the municipality or
of the county wherein is situated any public road or part thereof,
affected by the location therein of any toll road project, for the vacation
or relocation of such road or any part thereof.
(d) In addition, the authority and its authorized agents and
employees after proper notice may enter upon any lands, waters, and
premises in the state for the purpose of making surveys, soundings,
drillings, and examinations as are necessary or proper for the purposes
of this chapter, and such entry shall not be deemed a trespass, nor shall
an entry for such purposes be deemed an entry under any condemnation
proceedings which may be then pending. However, before entering
upon the premises of any railroad, notice shall be given to the
superintendent of such railroad involved, at least five (5) days in
advance of such entry, that survey, sounding, drilling, and examination
shall be made between the rails, or so close to a railroad track as would
render said track unusable. The authority shall make reimbursement for
any actual damage resulting to such lands, waters, and premises and to
private property located in, on, along, over, or under such lands, waters,
and premises as a result of such activities. The state of Indiana, subject
to the approval of the governor, consents to the use of all lands owned
by it, including lands lying under water, which are necessary or proper
for the construction or operation of any toll road project, provided
adequate compensation is made for such use.
(e) The authority shall also have power to make reasonable
regulations for the installation, construction, maintenance, repair,
renewal, relocation, and removal of tracks, pipes, mains, conduits,
cables, wires, towers, poles, and other equipment and appliances
(referred to in this subsection as "public utility facilities") of any public
utility in, on, along, over, or under any toll road project. Whenever the
authority shall determine that it is necessary that any such public utility
facilities which are located in, on, along, over, or under any such
project should be relocated in such project, or should be removed from
such project, the public utility owning or operating such facilities shall
relocate or remove the same in accordance with the order of the
authority; however, the cost and expenses of such relocation or
removal, including the cost of installing such facilities in a new
location or new locations, and the cost of any lands, or any rights or
interests in lands, and any other rights, acquired to accomplish such
relocation or removal, shall be ascertained and paid by the authority as
a part of the cost of such project excepting cases in which such
equipment or facilities are located within the limits of existing
highways or public thoroughfares being constructed, reconstructed, or
improved under the provisions of this chapter. In case of any such
relocation or removal of facilities, the public 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 subject, however, to the state's right
of regulation under its police powers.
Formerly: Acts 1951, c.281, s.6. As amended by Acts 1980,
P.L.74, SEC.230; P.L.109-1983, SEC.9; P.L.5-1988, SEC.51.