Indiana § 8-23-7-23 Change of state highway to toll road

Indiana Statutes

§ 8-23-7-23 — Change of state highway to toll road

Indiana § 8-23-7-23

Art. 23INDIANA DEPARTMENT OF

Ch. 7Real Property Transactions

This text of Indiana § 8-23-7-23 (Change of state highway to toll road) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-23-7-23 (2026).

Text

(a)Subject to subsection (c), The department may, after issuing an order and receiving the governor's approval, determine that a state highway should become a toll road. An order under this section does not become effective unless the authority adopts a resolution to accept the designated state highway, or part of the highway, as a toll road project under the conditions contained in the order. An order issued by the department under this section must set forth the conditions upon which the transfer of the state highway, or part of the highway, to the authority must occur, including the following:

(1)The consideration, if any, to be paid by the authority to the department.

(2)A requirement that the authority:

(A)enter into a contract or lease with the department with respect to the toll

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(a) Subject to subsection (c), The department
may, after issuing an order and receiving the governor's approval,
determine that a state highway should become a toll road. An order
under this section does not become effective unless the authority adopts
a resolution to accept the designated state highway, or part of the
highway, as a toll road project under the conditions contained in the
order. An order issued by the department under this section must set
forth the conditions upon which the transfer of the state highway, or
part of the highway, to the authority must occur, including the
following:
(1) The consideration, if any, to be paid by the authority to the
department.
(2) A requirement that the authority:
(A) enter into a contract or lease with the department with
respect to the toll road project under IC 8-9.5-8-7 or IC 8-9.5-8-8; or
(B) enter into a public-private agreement with an operator with
respect to the toll road under IC 8-15.5.
(b) To complete a transfer under this section, the department must,
with the governor's approval, execute a certificate describing the real
and personal property constituting or to be transferred with the state
highway that is to become a toll road project. Upon delivery of the
certificate to the authority, the real and personal property described in
the certificate is under the jurisdiction and control of the authority.
(c) Before the authority or an operator may carry out any of the
following activities under this section, the general assembly must enact
a statute authorizing that activity:
(1) Imposing tolls on motor vehicles for use of Interstate Highway
69.
(2) Except for a project for which a waiver is granted under IC 8-15-3-36, imposing tolls on motor vehicles for use of a nontolled
highway, roadway, or other facility in existence or under
construction on July 1, 2011, including nontolled interstate
highways, U.S. routes, and state routes.

Legislative History

As added by P.L.18-1990, SEC.216. Amended by P.L.47-2006, SEC.42; P.L.163-2011, SEC.18; P.L.13-2013, SEC.31; P.L.94-2015, SEC.6; P.L.173-2025, SEC.24.