Citations Affected: IC 8-23.
Synopsis: State highway rights-of-way. Establishes notice and hearing
procedures applying to the establishment by the Indiana department of
transportation of rights-of-way for additions to the state highway
system.
Effective: July 1, 2008.
January 8, 2008, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 22, 2008, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
to all owners of real property and utilities identified within the
rights-of-way shown on the map.
(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) The type, location, and owners of utility facilities in the
area of the addition.
(4) 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.