CHAPTER 1. COUNTY UNIT LAW
IC 8-17
ARTICLE 17. COUNTY ROADS.ADMINISTRATION
AND MAINTENANCE
IC 8-17-1
Chapter 1. County Unit Law
IC 8-17-1-0.1
"Department" defined
Sec. 0.1. As used in this chapter, the term "department" refers to
the Indiana department of transportation.
As added by Acts 1980, P.L.74, SEC.296. Amended by P.L.86-1988,
SEC.65; P.L.18-1990, SEC.150.
IC 8-17-1-1
Powers of county executive and department of highways; joint
undertakings
Sec. 1. A county executive may construct, reconstruct, improve,
and maintain all public highways, bridges, and culverts in the county,
including highways, bridges, and culverts under the supervision of
the department, if approved by the department, or located in
municipalities, as provided in this chapter. In addition, the
department may, after petitioning the affected county executive or
municipal legislative body and obtaining approval, construct,
reconstruct, improve, and maintain county or municipal highways.
The department and a county or a municipality in the county through
which a toll road project under IC 8-15-2 passes may jointly
undertake transportation projects (as defined in IC 36-1-10-2). The
duties and responsibilities of a joint undertaking shall be assigned to
the department, the county, or the municipality in the county as the
parties may agree.
(Formerly: Acts 1919, c.112, s.1.) As amended by Acts 1980, P.L.74,
SEC.297; Acts 1981, P.L.41, SEC.57; P.L.86-1988, SEC.66;
P.L.343-1989(ss), SEC.9.
IC 8-17-1-1.2
"Highway" defined
Sec. 1.2. As used in this chapter, "highway" includes highways,
roads, streets, bridges, tunnels, and approaches.
As added by P.L.113-1989, SEC.3.
IC 8-17-1-2
Additional powers of county executive
Sec. 2. A county executive may construct new public highways or
may reconstruct and improve any existing public highways or parts
of those highways with road paving materials. The executive may
establish, lay out, alter, widen, vacate, straighten, or change a public
highway in connection with the improvement and may build all
necessary bridges, culverts, or approaches in the improvement of
highways. In addition, the executive shall provide easements
necessary for drainage and utilities.
(Formerly: Acts 1919, c.112, s.3.) As amended by P.L.86-1988,
SEC.67.
IC 8-17-1-2.1
Highway cattle guards in certain counties; construction; cost
Sec. 2.1. (a) In all counties with a population of less than fifty
thousand (50,000), any person through whose land any county
highway is located may petition the county executive for permission
to construct a cattle guard or other device for the purpose of keeping
livestock on the property.
(b) In determining whether to grant permission, the executive
shall consider the traffic flow on the highway and the cost of the
erection of fences versus the cost of the construction of a cattle
guard.
(c) The landowner shall bear the cost of construction and the
erection of cattle crossing warning signs on the highway warning
motorists that they are about to enter a cattle crossing area.
As added by Acts 1980, P.L.76, SEC.1. Amended by P.L.86-1988,
SEC.68.
IC 8-17-1-3
Rights-of-way
Sec. 3. If a highway is constructed under this chapter, the
right-of-way, or any required drainage courses, approaches, or any
land necessary for the construction of a highway, or land necessary
to build a bridge or a culvert shall be acquired by the county, either
by donation by the owners of the land through which the highway
passes or by agreement between the owner and the county executive,
through eminent domain, or the public may acquire the property as
is necessary in the same manner as provided for the construction of
public highways. The entire cost of the right-of-way shall be paid by
the county.
(Formerly: Acts 1919, c.112, s.4.) As amended by P.L.66-1984,
SEC.79; P.L.86-1988, SEC.69.
IC 8-17-1-4
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-5
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-6
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-7
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-8
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-9
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-10
Invitations to bid; notice
Sec. 10. When any highway or part of a highway is constructed,
reconstructed, or improved, the county executive shall order the
auditor to give notice, in accordance with IC 5-3-1, that, on a day to
be named by the executive in an order, sealed proposals will be
received by the executive for the improvement in accordance with
IC 36-1-12. However, if the proposed improvement includes any
bridge having a total span of more than twenty (20) feet, the
executive shall receive separate bids for the bridge, and shall enter
into a separate contract to build the bridge.
(Formerly: Acts 1919, c.112, s.11.) As amended by Acts 1981,
P.L.57, SEC.22; P.L.86-1988, SEC.76.
IC 8-17-1-11
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 8-17-1-12
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 8-17-1-13
Bond issue; interest
Sec. 13. (a) For the purpose of raising money to pay for the
construction, reconstruction, or improvement of a highway, bridge,
or tunnel, the county may issue bonds under IC 8-18-22, not to
exceed the estimated costs of construction, reconstruction, or
improvement and all expenses incurred and damages allowed before
the letting of the contracts, and a sum sufficient to pay the per diem
of the engineer and superintendent during construction and all costs
of the financing incident to the issuance of bonds. The issue of bonds
must also provide for a sufficient sum to pay for any extras or
changes not contemplated in the original plans, specifications, and
contract that the executive considers necessary, and that might be
omitted by the engineer who drew the plans or specifications.
(b) The proceeds shall be kept as a separate and specific fund to
pay for the improvement or construction, reconstruction, or
improvement of the particular road for which they were issued. The
proceeds shall be paid by the treasurer to the contractor, upon
warrant of the auditor, as directed by the executive. The contractor
shall be paid in accordance with IC 36-1-12. If there is a surplus left
from the sale of the bonds after the road is complete, the surplus shall
be transferred to a fund for the construction, reconstruction, or
improvement of any other highway in the county and shall not be
used for any other purpose. All funds shall be kept in the public
depositories of the county and the interest added to the fund.
(Formerly: Acts 1919, c.112, s.14.) As amended by Acts 1981,
P.L.11, SEC.59; P.L.86-1988, SEC.77; P.L.113-1989, SEC.4.
IC 8-17-1-14
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-15
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-16
Repair of improved roads
Sec. 16. Any highway improved under this chapter becomes a part
of the highway system of the county and shall be kept in repair in the
same manner as other roads are kept in repair, and is subject to the
same statutes governing the repair and maintenance of highways.
(Formerly: Acts 1919, c.112, s.17.) As amended by P.L.66-1984,
SEC.81; P.L.86-1988, SEC.80.
IC 8-17-1-17
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-18
Statement; compliance with contract; materials testing engineer's
report
Sec. 18. Whenever any highway is completed, the inspector,
surveyor, or engineer shall file a sworn statement with the county
auditor stating that the highway has been completed according to
plans, plats, profiles, specifications, and contract and that the
quantity and quality of material used in making the improvement was
as required under standards and tests of the department. A competent
materials testing engineer shall determine in a report whether the
tests and standards as to the quality of materials has been met. The
materials testing engineer shall file a copy of the report with the
county auditor.
(Formerly: Acts 1919, c.112, s.19.) As amended by Acts 1980,
P.L.74, SEC.299; P.L.86-1988, SEC.82.
IC 8-17-1-19
Objections to improvements; filing of statement
Sec. 19. Any taxpayer may file an objection to the work by filing
a sworn statement with the auditor that the road has not been
completed according to the plans, plats, profiles, specifications, and
contract, stating which item has not been completed. After the
objection is filed, then the county executive shall set a hearing on the
issue where it may hear other proof, may cause witnesses to be
subpoenaed, and hear sworn evidence in the same manner as other
issues are heard before the executive. The executive shall determine
whether the work has been done according to the plans, plats,
profiles, specifications, and contract. Any party aggrieved by the
decision may appeal to the circuit court of the county within ten (10)
days of the date of the decision, by filing a bond approved by the
auditor of the county, for the payment of all costs in the cause that
may be adjudged in the circuit court against the person taking the
appeal. The proceedings shall be tried de novo in the circuit court.
(Formerly: Acts 1919, c.112, s.20.) As amended by P.L.86-1988,
SEC.83.
IC 8-17-1-20
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-21
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-22
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-23
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-24
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-25
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-26
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-27
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-28
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-29
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-17-1-30
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-31
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-32
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-33
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-17-1-34
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-17-1-34.1
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-35
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-36
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-37
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-38
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-39
Construction materials in county highways, bridges, and culverts
Sec. 39. No material may be used in the construction of a county
highway, bridge, or culvert unless the material is equal to the
material required and meets all tests and standards required by the
department for the building of highways, bridges, or culverts by the
department.
(Formerly: Acts 1919, c.112, s.39.) As amended by Acts 1980,
P.L.74, SEC.301; P.L.86-1988, SEC.101; P.L.113-1989, SEC.5.
IC 8-17-1-40
Traffic rules
Sec. 40. A county legislative body may adopt ordinances
regulating traffic on any highway in the county highway system,
subject to IC 9-21.
(Formerly: Acts 1919, c.112, s.40.) As amended by P.L.86-1988,
SEC.102; P.L.113-1989, SEC.6; P.L.2-1991, SEC.61.
IC 8-17-1-41
Plans and specifications; bonds
Sec. 41. (a) The plans and specifications must include all bridges,
culverts, and approaches.
(b) The amount of the bonds must be enough to cover the expense
of bridges, culverts, and approaches, and the contract, when
executed, shall include that expense.
(Formerly: Acts 1919, c.112, s.41.) As amended by P.L.66-1984,
SEC.94; P.L.86-1988, SEC.103; P.L.113-1989, SEC.7.
IC 8-17-1-42
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-43
Repealed
(Repealed by P.L.113-1989, SEC.11.)
IC 8-17-1-44
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-17-1-45
Counties responsible for roadways on southern and eastern
boundaries; agreements between counties; provisions
Sec. 45. (a) Each county is responsible for the construction,
reconstruction, maintenance, and operation of the roads, including
the ditches and signs for those roads, making up its southern and
eastern boundaries.
(b) The county executives of two (2) adjoining counties may enter
into an agreement under IC 36-1-7 for the construction,
reconstruction, maintenance, or operation of any road or part of a
road that makes up the boundary between the two (2) counties. In
addition to the requirements of IC 36-1-7-3, an agreement under this
section must provide for the following:
(1) The division of costs between the counties.
(2) The schedule for the work.
(3) The method of resolving disputes concerning the agreement
if any arise.
(4) Any other terms the counties consider necessary.
(Formerly: Acts 1971, P.L.102, SEC.1.) As amended by P.L.86-1988,
SEC.105; P.L.113-1989, SEC.8; P.L.84-1991, SEC.1; P.L.98-2000,
SEC.7.