§ 8-23-5-1 — Encroachment on state highways; removal, prevention, and termination; notice; entry; costs; exceptions

Indiana § 8-23-5-1

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 5: State Highways

Text

(a) The department may remove, prevent, or
terminate an encroachment onto a state highway, right-of-way, or other
department property, including drainage onto the highway,
right-of-way, or other property.
(b) If the department determines that an encroachment exists, the
department shall give notice by certified mail to the owner and the
occupant of the property from which the encroachment has occurred
and by posting a copy of the notice in a conspicuous place on the
property. The notice must specify the encroachment and the period of
time within which the encroachment must be removed, terminated, or
prevented. The period of time specified in the notice may not be less
than thirty (30) days.
(c) If the encroachment has not been removed, terminated, or
prevented within the period of time specified in the notice under
subsection (b), the department may enter the property from which the
encroachment has occurred and take whatever action the department
considers necessary to remove, terminate, or prevent the encroachment.
(d) The cost of the department's removal, termination, or prevention
of an encroachment under subsection (c) shall be paid by the owner of
the property from which the encroachment has occurred. The
department shall bill the owner for the cost. If the bill remains unpaid
for a period of thirty (30) days, the department shall file the bill with
the clerk of the circuit court of the county in which the property is
located. The clerk shall immediately enter the bill on the judgment
docket against the owner of the property, and the bill is a lien against
the property. The lien may be foreclosed in the same manner as other
judgment liens, without relief from valuation or appraisement laws or
right of redemption.
(e) Where an awning, canopy, marquee, advertising sign, or similar
encroachment extending over a highway right-of-way was in place on
August 12, 1963, and is supported entirely from outside the highway
right-of-way, the encroachment may remain if the department
determines that the encroachment will not impair the highway or
interfere with the free and safe flow of traffic on the highway.

Legislative History

As added by P.L.18-1990, SEC.214.