Sec. 2. (a) If work under this chapter involves the protection of an existing highway not under construction, the work shall be performed and the costs paid under Indiana law governing the maintenance of highways applicable to the public agency or authorities having charge of the highway involved in the proposed work.

     (b) If work under this chapter involves the construction or reconstruction of a highway, the work shall be performed and the costs paid under Indiana law governing construction of highways applicable to the public agency or body having charge of the highway involved in the proposed work.

     (c) If it is necessary in the performance of work under this chapter to procure a right-of-way or interests in land outside the limits of the highway involved, the costs, if any, of the right-of-way or interests in land shall be paid as follows:

(1) Out of the maintenance fund if the work constitutes maintenance.

(2) Out of the construction fund if the work constitutes construction.

[Pre-1995 Recodification Citation: 13-2-25-1 part.]

As added by P.L.1-1995, SEC.22.