Sec. 3. (a) Whenever a street on the state highway system is located within the boundaries
of a city or town and is occupied by the track or tracks of a street railway, interurban
railway, or steam railroad, the department is not required to maintain, construct,
or improve the part of the street between the track or tracks and for eighteen (18)
inches on the outside of the outer rails. The department shall include as part of the construction cost and pay out of department
funds any expenditures necessitated by the acquisition of sufficient rights-of-way
to construct the street.
(b) If there are any tracks, pipes, or conduits in a street, the department may, after
determining to construct or improve the street, require the owner to restore to good
condition or renew the tracks, pipes, or conduits. The owner, within ninety (90) days after being notified to do so, shall restore
or renew the tracks, pipes, or conduits. For tracks, the owner shall pave the part of the street between the rails of the
tracks and eighteen (18) inches on the outside in conformity with plans approved by
(c) If the construction work on tracks, pipes, or conduits involves work of a nature
as to be impractical or impossible of performance as a separate unit, the department
may by agreement with the owner perform the work for which the owner shall reimburse
the department for the cost.
(d) Upon the completion of a street, the department shall maintain the roadway of
the street, including the curbs and gutters, catch basins, and inlets within the limits
of the street or highway that form integral parts of the street or highway. The city or town shall maintain the sidewalks, grass plats, and the connecting drainage
(e) Whenever the department has responsibility for maintenance of a street within
a city or town, the department shall regulate traffic in accordance with IC 9-21 on the street and may remove any hazard to traffic.
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