2013 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 1. UTILITIES GENERALLY CHAPTER 23. GAS PIPELINES.COUNTY ROADS
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IC 8-1-23
Chapter 23. Gas Pipelines)County Roads
IC 8-1-23-1
Roadway obstructions or interruptions; detours
Sec. 1. Whenever, in the opinion of any board of county
commissioners, the use of any public county highway or highways
shall be or will become impracticable or unsafe because of
obstructions or interruptions resulting from erosion, changes in
natural or artificial drains, or any other cause of any kind or nature
whatsoever, the said board of county commissioners of the county
wherein such highway or highways is located, or the boards of
county commissioners of adjoining counties acting together, if the
obstructed or interrupted part thereof is located upon a county line or
extends from one county to another, shall have the power to close
said highway or highways, or the necessary parts thereof, and divert
traffic therefrom by suitable detours, if in their judgment such
detours are necessary, until such time as the conditions causing such
obstruction or interruption no longer exists and the continued use of
said highway or highways become practicable and safe.
(Formerly: Acts 1947, c.151, s.1.)
IC 8-1-23-2
Permits; temporary highway obstruction
Sec. 2. If any person shall desire to temporarily obstruct a county
highway which obstruction may result in damage to the highway or
temporary blocking of traffic over the highway, such person shall
first obtain permission, in writing, which writing shall be entered of
record, from the board of county commissioners of the county
wherein such highway or highways is located, or the boards of
county commissioners of adjoining counties acting together, if the
obstructed or interrupted part thereof is located upon a county line or
extends from one county to another.
Before such permission may be granted by any board of county
commissioners, such person shall first file with each board of county
commissioners from which permission is requested, a surety bond,
in a sum to be fixed by and to the approval of such board of county
commissioners, payable to the county, conditioned either upon the
payment of any damages which such county or road may sustain or
upon the proper restoration of such highway, as such county
commissioners may direct.
(Formerly: Acts 1947, c.151, s.2.)
IC 8-1-23-3
Construction contracts
Sec. 3. If any person shall desire to lay a pipe line, conduit or
private drain, across or along any county highway of this state, such
person shall first enter into a contract with the board of county
commissioners in each county wherein it is desired to locate such
pipe line, conduit or drain, which contract will obligate the owner
thereof to restore the county highway to its original condition after
the laying thereof and to reimburse the county for the use of such
highway. In addition such person shall file with the board of county
commissioners a surety bond, payable to the county, in a sum to be
set by and to the approval of the board of county commissioners,
conditioned upon the performance of such contract. No such contract
shall give any person a permanent right or easement to use any
county highway but such contract may give the right to use such
highway so long as such pipe line, conduit or drain, does not
interfere with the alteration, use, abandonment or public enjoyment
of such county highway.
(Formerly: Acts 1947, c.151, s.3.)
IC 8-1-23-4
"Person" defined
Sec. 4. The word person as used herein shall include a public
utility, partnership, limited liability company, firm, association, or
corporation.
(Formerly: Acts 1947, c.151, s.4.) As amended by P.L.8-1993,
SEC.129.
IC 8-1-23-5
Violations
Sec. 5. A person who installs a pipeline, conduit, or private drain,
across or along any county highway, or blocks or damages any
county highway without complying with this chapter, commits a
Class B infraction.
(Formerly: Acts 1947, c.151, s.5.) As amended by Acts 1978, P.L.2,
SEC.809.
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