CHAPTER 3. GENERAL PROVISIONS
IC 8-14.5-3
Chapter 3. General Provisions
IC 8-14.5-3-1
Project and transportation system contracts
Sec. 1. The authority may contract with the department for
construction, ownership, maintenance, and operation of projects and
transportation systems.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-2
Project financing
Sec. 2. The authority may finance projects in accordance with this
article.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-3
Cooperative agreements
Sec. 3. The authority may exercise any powers provided under
this article in participation or cooperation with any governmental
entity, including the department, and enter into any contracts to
facilitate that participation or cooperation without compliance with
any other statute.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-4
Payment of transportation system costs
Sec. 4. The authority may pay the cost of construction of a project
or of owning or leasing transportation systems from any funds
available to the authority under this article or any other law.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-5
Transfer of property rights
Sec. 5. The authority may sell, transfer, lease, or otherwise convey
any land, rights-of-way, property, rights, easements, or legal or
equitable interest it considers necessary or convenient for carrying
out the provisions of this article, including disposal of unused or
surplus property.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-6
Acquisition of property rights
Sec. 6. The authority may acquire by purchase, whenever it
considers a purchase expedient, any land, rights-of-way, property,
rights, easements, or other legal or equitable interests as it considers
necessary or convenient for the construction and operation of any
project. A purchase under this section shall be made upon the terms
and at the price agreed upon between the authority and the property
owner. However, the authority shall take title to the property in the
name of the state.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-7
Contracts and agreements
Sec. 7. The authority may make and enter into all contracts and
agreements necessary or incidental to the performance of its duties
and the execution of its powers under this article or any other law.
These contracts or agreements are not subject to any approvals other
than the approval of the authority and may be for any term of years
and contain any terms that are considered reasonable by the
authority.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-8
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 8-14.5-3-9
Grants
Sec. 9. The authority may receive and accept from any federal or
state agency grants for or in aid of the construction of any project
and repay any grant to the authority or to the department from a
federal agency if the repayment is necessary to free the authority
from restrictions which the authority determines to be in the public
interest to remove. Any repayment under this section shall be made
from funds available to the authority at the time the repayment is
required and shall be made in a way that does not impair any contract
between the authority and the owners of its bonds or notes.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-10
Gifts and bequests
Sec. 10. The authority may accept gifts, devises, bequests, grants,
appropriations, revenue sharing, other financing and assistance, and
any other aid from any source and agree to and comply with
conditions attached to the aid.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-11
Transfer of projects to authority
Sec. 11. The authority may accept the transfer of any project or
transportation system to the authority.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-12
Appropriation; relocation of appropriated facilities
Sec. 12. (a) Except as provided in subsection (b), the authority
may, in the manner provided by IC 8-23-7, acquire by appropriation
any land, rights-of-way, property, rights, easements, or other legal or
equitable interests necessary or convenient for the construction or the
efficient operation of any project. However, compensation for the
property taken shall first be made in money as provided by law.
(b) The authority may take or disturb property or facilities that:
(1) belong to any public utility or to a common carrier engaged
in interstate commerce;
(2) are required for the proper and convenient operation of the
public utility or common carrier; and
(3) are not located within the limits of existing transportation
systems or projects being constructed under this article;
only if provision is made for the restoration, relocation, or
duplication of the property or facilities elsewhere at the cost of the
authority.
As added by P.L.68-1988, SEC.12. Amended by P.L.18-1990,
SEC.126.
IC 8-14.5-3-13
Necessary and proper acts
Sec. 13. The authority may do all things necessary or proper to
carry out this article.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-14
Transfers from state to authority; advertising and bids
Sec. 14. The state, acting through the governor, may convey,
transfer, lease, or sell, with or without consideration, real property of
any nature (including buildings, structures, improvements, land,
rights-of-way, easements, and legal or equitable interests) title to
which is held in the name of the state, to the authority, without being
required to advertise or solicit bids or proposals, in order to
accomplish the governmental purposes of this article.
As added by P.L.68-1988, SEC.12.
IC 8-14.5-3-15
Tax exemption
Sec. 15. All property of the authority is public property devoted
to an essential public and governmental function and purpose and is
exempt from all taxes and special assessments of the state or any
political subdivision of the state.
As added by P.L.68-1988, SEC.12.