Ind. Code ch. 8-23-26

in effect

Ind. Code § 8-23-26-1 Application of chapter

Sec. 1. (a) This chapter does not apply to a project let under IC 8-23-11. (b) This chapter applies only to projects on the state highway system (as defined in IC 8-23-1.1-39). As added by P.L.63-1992, SEC.4. Amended by P.L.145-2026, SEC.41.

Ind. Code § 8-23-26-2 Order for relocation

Sec. 2. If the department determines that the location of a utility's facilities will interfere with a planned highway or bridge construction or improvement project, the commissioner may order the utility to relocate the utility's facilities. An order issued under this section may not take effect less than six (6) months after the date the department requests, in writing, that the utility provide a facilities relocation plan. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-3 Notice of order to relocate

Sec. 3. The department shall give notice under IC 4-21.5-3-6 to the utility of the commissioner's order to relocate the utility's facilities. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-4 Appeal of order

Sec. 4. A utility that receives notice of an order under section 3 of this chapter may appeal the order under IC 4-21.5-3 for the following reasons: (1) The utility disputes the necessity of the relocation. (2) The utility determines that the utility cannot relocate the utility's facilities for any reason. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-5 Reimbursement of extraordinary costs of relocation

Sec. 5. The department may negotiate an agreement with a utility to reimburse the utility for extraordinary costs of facilities relocation caused by a highway or bridge construction or improvement project or a combination of highway or bridge construction or improvement projects. As added by P.L.63-1992, SEC.4. Amended by P.L.80-2001, SEC.1.

Ind. Code § 8-23-26-6 Reimbursements; approval of agreements

Sec. 6. The commissioner must approve an agreement negotiated under section 5 of this chapter. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-7 Reimbursement of costs of unnecessary relocation; conditions

Sec. 7. The department shall reimburse a utility for the costs of an unnecessary relocation of facilities if, after the completion of the relocation of the facilities: (1) within two (2) years after the completion the department has not let a contract for the highway or bridge construction or improvement; or (2) the department alters the department's plan of construction for the highway or bridge construction or improvement in a manner that would cause the utility to relocate the utility's facilities for the same highway or bridge construction or improvement project. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-8 Reimbursements for unnecessary relocation; limits; further conditions

Sec. 8. (a) The reimbursement paid under section 7 of this chapter is limited to the cost of relocation (as defined in IC 8-1-9-2) to the utility. (b) The department may reimburse a utility for an unnecessary relocation under section 7 only if the relocation of the utility's facilities was specifically requested by the department. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-9 Reimbursement for unnecessary relocation; approval

Sec. 9. The commissioner must approve a reimbursement paid under section 7 of this chapter. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-10 Utility customer service facilities; responsibilities for relocation

Sec. 10. If a highway or bridge construction or improvement project requires the relocation of customer service facilities, the utility providing service to the customer is responsible for arranging the relocation of the utility's customer service facilities required to be relocated in accordance with this chapter. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-11 Acquisition of additional right-of-way and relocation of customer service facilities; responsibility for costs

Sec. 11. If a highway or bridge construction or improvement project requires the acquisition of additional right-of-way and the relocation of customer service facilities that existed within the newly acquired right-of-way, the department is responsible for the cost of relocating those customer service facilities. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-12 Highway or bridge construction or improvement projects; relocation of customer service facilities

Sec. 12. The following apply to a highway or bridge construction or improvement project that requires the relocation of customer service facilities located in a highway, street, or road: (1) If the utility does not own the customer service facilities, the department is responsible for the cost of the relocation of those facilities. (2) If the utility owns the customer service facilities, the cost of relocation is the responsibility of the utility or the customer, as determined by the operating rules of the utility or by a contract between the utility and the customer. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-13 Facilities relocation plan; failure to relocate customer service facilities

Sec. 13. If a utility does not carry out the utility's responsibilities under section 10 of this chapter within six (6) months after the department has requested, in writing, a facilities relocation plan, the department may cause the relocation of the customer service facilities to occur. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-14 Relocation of customer service facilities; recovery of costs; reimbursements

Sec. 14. (a) If the department causes the relocation of customer service facilities under section 13 of this chapter, the department may recover the costs of the relocation from the utility. (b) A utility shall reimburse the department for costs that are allowable under section 12(2) of this chapter and that the department determines are not extraordinary costs incurred under section 13 of this chapter upon the presentation of an invoice of the costs from the department. As added by P.L.63-1992, SEC.4.

Ind. Code § 8-23-26-15 National system of interstate highways; application; costs of future relocations and adjustments

Sec. 15. (a) This section does not apply to a relocation included in the national system of interstate highways if the placement of the facilities was made solely to cross the highway. (b) Whenever a utility locates new facilities on a highway included in the national system of interstate highways after June 30, 1991, the utility shall bear the cost of all future relocations and adjustments of the facilities caused by highway or bridge construction or improvements. As added by P.L.63-1992, SEC.4.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026