§ 8-23-2-6.5 — Abandonment of facility constructed or installed in right-of-way

Indiana § 8-23-2-6.5

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 2: Indiana Department of Transportation

Text

5. The department may require a private entity
to agree, as a condition of the department leasing a right-of-way to the
private entity, that facilities constructed or installed by the private
entity in or under the right-of-way, which if removed would:
(1) cause irreparable soil disturbance; or
(2) have a detrimental effect on the department's facilities or on
the facilities of other utilities co-located in the right-of-way;
will be considered abandoned without additional consideration upon
notice to the department. The private entity shall notify in writing the
department of any abandonment not later than sixty (60) days after
abandonment. Upon being abandoned under this section, a facility may
no longer be used for any purpose by any public or private entity.

Legislative History

As added by P.L.121-2021, SEC.7.