If the department finds it necessary to change
the location of any portion of any public road, 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 department as a part
of the cost of such airport or airport facility. The department may
petition the circuit court, superior court, or
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If the department finds it necessary to change
the location of any portion of any public road, 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 department as a part
of the cost of such airport or airport facility. The department may
petition the circuit court, superior court, or probate court of the county
in which a public road or part of a public road is affected by the
location of any airport or airport facility in the county, for the vacation
or relocation of such road or any part of the road with the same force
and effect as is now given by existing laws to the inhabitants of any
municipality or governmental subdivision of the state. The proceedings
upon such petition, whether it be for the appointment of appraisers or
otherwise, shall be the same as provided by existing laws for similar
proceedings upon such petitions. In addition to the foregoing powers,
the department 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
purpose 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.
No 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 department may 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 lands owned by it,
including lands lying under water and riparian rights, which are
necessary or proper for the construction or operation of any airport or
airport facility, provided adequate compensation is made for such use.
The department may also 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 (called "public utility facilities" in
this section) of any public utility in, on, along, over or under any airport
or airport facility. Whenever the department shall determine that it is
necessary that any such public utility facilities located in, on, along,
over or under any such airport or airport facility should be relocated, or
should be removed from such airport or airport facility, the public
utility owning or operating such facilities shall relocate or remove the
same in accordance with the order of the department; 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 interest in lands, and any other rights,
acquired to accomplish such relocations or removal, shall be
ascertained and paid by the department as a part of the cost of such
airport or airport facility, excepting, however, 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 1971, P.L.105, SEC.2. As amended by Acts
1980, P.L.74, SEC.349; P.L.84-2016, SEC.54; P.L.136-2018,
SEC.104.