§ 8-23-5-9 — Additions to state highway system; procedures

(a) The department may establish the
approximate locations, using the recommended widths established by
the department in the department's approved design manual for
equivalent classification of roads, of rights-of-way for additions to the
state highway system.
(b) If the department establishes the approximate locations and
widths of rights-of-way for an addition to the state highway system
under subsection (a), the department shall conduct a public hearing in
at least one (1) county in which a right-of-way for the addition is
located. The department shall publish notice of a hearing conducted
under this subsection in two (2) newspapers of general circulation in
the county in which the hearing will be conducted at least ten (10) days
before the hearing. If only one (1) newspaper is published in the
county, publication in that newspaper is sufficient. Notice of the
hearing shall be given by mail to all owners of real property identified
within the rights-of-way shown on the map prepared under subsection
(c).
(c) If the department establishes the approximate locations and
widths of rights-of-way for an addition to the state highway system
under subsection (a), the department shall prepare a map showing the
approximate location and width of each right-of-way for the proposed
addition. The map must display the following:
(1) Existing highways in the area of the addition.
(2) Property lines and owners of record of property to be acquired
for the rights-of-way.
(3) Other information determined necessary by the department.
The department shall approve the map, with changes (if applicable), at
the public hearing conducted under subsection (b). The department
shall record the approval and a copy of the approved map in the office
of the recorder of each county in which land to be acquired for the
addition is located.
(d) The department shall:
(1) publish notice of a recording under subsection (c) in two (2)
newspapers of general circulation in each county in which an
approval is recorded; however, if only one (1) newspaper is
published in the county, publication in that newspaper is
sufficient; and
(2) not more than sixty (60) days after an approval is recorded,
send notice of the recording by certified mail to all owners of
record of real property to be acquired for rights-of-way for the
addition.
(e) The owner of property to be acquired for a right-of-way must
give at least sixty (60) days notice by registered mail to the department
before developing or otherwise improving the property. However, the
owner may perform normal or emergency repairs to existing structures
on the property without giving notice to the department.
(f) Not more than forty-five (45) days after receiving a notice under
subsection (e), the department shall respond by providing notice to the
property owner of the department's intent to acquire the property. The
department shall:
(1) purchase; or
(2) exercise the right of eminent domain to acquire;
the property not more than one hundred eighty (180) days after
responding under this subsection. If the department does not purchase
the property or acquire the property by eminent domain within one
hundred eighty (180) days after responding under this subsection, the
department may subsequently acquire the property through the exercise
of the right of eminent domain under IC 32-24.
(g) An owner of property to be acquired for a right-of-way may not
receive damages for any development or improvement for which the
owner is required to give notice to the department under subsection (e)
unless the department fails to purchase or exercise the right of eminent
domain to acquire the property under subsection (f).
(h) The state or a county or municipality in which an addition to the
state highway system is located may acquire a right-of-way needed for
the addition at any time. For purposes of this subsection, the fair
market value of the property shall be determined as follows:
(1) If the property is purchased, the fair market value on the date
of purchase.
(2) If the property is acquired by eminent domain, the fair market
value on the date on which the complaint in condemnation was
filed.
However, if the property is agricultural land, the fair market value shall
be determined under IC 32-24-1.
(i) The department shall adopt guidelines to determine whether a
project constitutes an addition to the state highway system for purposes
of this section. In adopting guidelines under this subsection, the
department shall consider the following:
(1) The need for additional capacity.
(2) The estimated cost of the project.
(3) Whether the project is new construction or maintenance.
(j) As used in this section, "owner" does not include a utility.
(k) At the same time and in the same manner as the notice is sent
under subsection (d)(2), the department shall notify the owner of
property to be acquired for a right-of-way of the following:
(1) With respect to damage that occurs to the property as a result
of entry onto the land for a purpose set forth in IC 8-23-7-26:
(A) a description of the owner's right to compensation for the
damage from the department; and
(B) the procedure that the owner must follow to obtain the
compensation.
(2) The name, mailing address, and telephone number of an
individual or office within the department to which the owner
may direct questions concerning the rights and procedures
described in subdivision (1).

Legislative History

As added by P.L.99-2008, SEC.1.