Sec. 23. (a) The exercise of the powers granted by this chapter to the department or the authority must be in all respects for:

(1) the benefit of the people of Indiana;

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Terms Used In Indiana Code 8-15-3-23

  • authority: refers to the Indiana finance authority established by Indiana Code 8-15-3-0.5
  • department: refers to the Indiana department of transportation. See Indiana Code 8-15-3-2
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • tollway: includes :

    Indiana Code 8-15-3-7

(2) the increase of the commerce and prosperity of Indiana; and

(3) the improvement of the health and living conditions of the people of Indiana.

     (b) Since the operation and maintenance of a tollway by the department or the authority constitutes the performance of essential governmental functions, neither the department nor the authority is required to pay any taxes or assessments upon a tollway or any property acquired or used by the department under this chapter or IC 8-15.7 or upon the income from a tollway.

     (c) The operator under a public-private agreement is not required to pay taxes or assessments upon a tollway, any property or property interest acquired by the operator under a public-private agreement, or any possessory interest in the tollway or in property granted or created by the public-private agreement under this chapter or IC 8-15.7.

     (d) An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in:

(1) a tollway; or

(2) property granted or created by the public-private agreement;

is entitled to the exemption from gross retail tax and use tax provided under IC 6-2.5-4-9(c) and IC 6-2.5-3-2(c), respectively, with respect to that tangible personal property.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.31; P.L.181-2016, SEC.32.