Terms Used In Indiana Code > Title 36 > Article 9 - Transportation and Public Works

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• advisory board: refers to the Indiana Drainage Handbook advisory board. See Indiana Code 36-9-27.2-1
• Affected land: means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain. See Indiana Code 36-9-27-2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• artificial conveyance: means a manmade structure in or into which storm water runoff or floodwaters flow, either continuously or intermittently. See Indiana Code 36-9-28.7-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
• Average annual salary: means the average annual salary of an officer during the five (5) years of highest annual salary in the ten (10) years immediately preceding an officer's retirement date, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. See Indiana Code 5-10-5.5-1
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 5-10-5.5-1
• Board: refers to the board of transportation of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-6.5-2
• Board: refers to the board of transportation of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-11.1-3
• Board: refers to a board of sanitary commissioners, or board of public works of a consolidated city. See Indiana Code 36-9-25-2
• Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
• board: refers to the board of public works of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-29.1-2
• Board: refers to the board of public works of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-31-2
• board: means the following:

  Indiana Code 36-9-39.1-2

• Byproduct: means energy and materials from wastes in a form that will allow their reuse. See Indiana Code 36-9-31-2
• city block: means both sides of the part of a public street that lies between two (2) intersecting public streets. See Indiana Code 36-9-9-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• construction: includes repair, remodeling, renovation, or betterment, but only in instances when:

  Indiana Code 36-9-39-1.3

• Crossing: means a drainage structure that passes over, under, or through a location used for the passage of people, livestock, or vehicles. See Indiana Code 36-9-27-2
• Dam: means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet. See Indiana Code 36-9-27-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: refers to the department of transportation of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-6.5-2
• Department: refers to the department of transportation of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-11.1-3
• Department: refers to a department of public sanitation, or department of public works of a consolidated city. See Indiana Code 36-9-25-2
• department: refers to the Indiana state department of agriculture. See Indiana Code 36-9-27.2-2
• department: refers to the Indiana department of transportation established by IC 8-23-2-1. See Indiana Code 36-9-42.2-1
• Dependent: A person dependent for support upon another.
• Developer: means any person that proposes to enter into or has entered into a financing agreement with the consolidated city for financing a facility and that proposes to enter into or has entered into a separate agreement with some other person for the use and operation of the facility so financed. See Indiana Code 36-9-31-2
• development board: means the following:

  Indiana Code 36-9-43-1

• Devise: To gift property by will.
• Dies in the line of duty: means death that occurs as a direct result of personal injury or illness caused by incident, accident, or violence that results from any action that the participant, in the participant's capacity as an officer:

  Indiana Code 5-10-5.5-1

• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disposal: includes the treatment of as well as the placing, processing, confining, compacting, storing, or covering of waste. See Indiana Code 36-9-31-2
• District: means the area within the jurisdiction of a department. See Indiana Code 36-9-25-2
• Docket: A log containing brief entries of court proceedings.
• drain: refers to a mutual drain (as defined in IC 36-9-27-2). See Indiana Code 36-9-27.4-1
• drainage board: means the following:

  Indiana Code 36-9-27.4-2

• eligible efficiency project: means :

  Indiana Code 36-9-41-1.5

• eligible entity: means any entity eligible to receive, directly or indirectly, federal funds through the state or a metropolitan planning organization or otherwise. See Indiana Code 36-9-42.2-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• exchanged funds: means the part of the local share exchanged for state dollars in accordance with section 6(b) of this chapter. See Indiana Code 36-9-42.2-2.5
• executive: means :

  Indiana Code 36-9-27.8-1

• Executor: A male person named in a will to carry out the decedent
• Facility: means any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture, or other real or personal property that is to be used, occupied, or employed for the storage, processing, or disposal of waste or the recovery and marketing by any means of any byproduct, such as recycling centers, transfer stations, trucks, bailing facilities, rail haul or barge haul facilities, processing systems, byproduct recovery facilities or other facilities for reducing waste volume, sanitary landfills, plants and facilities for compacting, composting, or pyrolization of wastes, incinerators, and other waste disposal, reduction, or conversion facilities or any combination thereof. See Indiana Code 36-9-31-2
• facility: has the meaning set forth in IC 8-1-26-7. See Indiana Code 36-9-42-2
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• federal funds: means the total amount of federal transportation funds provided by the federal government to the state. See Indiana Code 36-9-42.2-3
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Financing agreement: includes an agreement between the consolidated city and a developer or between a developer or user, or both, concerning the financing of, the title to, or possession of facilities, or both, and payments to the city in respect thereof. See Indiana Code 36-9-31-2
• fiscal officer: means :

  Indiana Code 36-9-27.8-2

• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• fund: refers to a sewer improvement and extension fund established under section 5 of this chapter. See Indiana Code 36-9-39.1-3
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing documents: has the meaning set forth in Indiana Code 36-9-27.8-3
• government building: includes :

  Indiana Code 36-9-13-3

• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grant: means money to be received from the federal government or any of its agencies, or the state or any of its agencies, intended to be used for the construction, modification, or acquisition of waste disposal facilities. See Indiana Code 36-9-31-2
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• homeowners association: has the meaning set forth in Indiana Code 36-9-27.8-4
• improvement project: means a project undertaken by a unit that involves:

  Indiana Code 36-9-42-3

• Indiana Drainage Handbook: refers to the publication "Indiana Drainage Handbook: An Administrative and Technical Guide for Activities within Indiana Streams and Ditches" which was prepared by the Christopher B. See Indiana Code 36-9-27.2-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• local share: means twenty-five percent (25%) of the federal funds received by the state in a year. See Indiana Code 36-9-42.2-3.3
• Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
• major project: means an improvement project designated by a unit as a major project under section 6 of this chapter. See Indiana Code 36-9-42-4
• medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
• Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
• metropolitan planning organization: means a federally mandated transportation policy making organization that:

  Indiana Code 36-9-42.2-3.5

• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mutual drain: means a drain that:

  Indiana Code 36-9-27-2

• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• natural surface watercourse: means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarily flows in a definable direction and channel. See Indiana Code 36-9-27.4-3
• Net revenues: means the amount of revenues received by the consolidated city from the operation and ownership of facilities less the reasonable expenses of the operation, repair, and maintenance of these facilities. See Indiana Code 36-9-31-2
• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• obstruction: means a condition that:

  Indiana Code 36-9-27.4-4

• Open drain: means a natural or artificial open channel that:

  Indiana Code 36-9-27-2

• Operation: includes control and engineering of traffic, traffic safety, road lighting, road access, utility locations, cuts in roads, vehicular parking and stopping, improvements of traffic movement, uses of the rights-of-way for roads, and mass transportation routes. See Indiana Code 36-9-6.5-2
• Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
• owner: means a person who holds a possessory legal interest in land. See Indiana Code 36-9-27.4-5
• Participant: means any officer who has elected to participate in the retirement plan created by this chapter. See Indiana Code 5-10-5.5-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means an individual, a corporation, a limited liability company, a partnership, or any other legal entity. See Indiana Code 36-9-27.4-6
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• policy: refers to a policy adopted under this chapter for the management of stormwater runoff from developed real property. See Indiana Code 36-9-28.5-2
• Population: has the meaning set forth in Indiana Code 1-1-4-5
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Processing: means an operation for the purpose of modifying the characteristics or properties of waste to facilitate transportation of, disposal of, or the recovery of byproducts from waste. See Indiana Code 36-9-31-2
• program: refers to the federal fund exchange program established by section 5 of this chapter. See Indiana Code 36-9-42.2-4
• Proposal: means a written response to a request for proposals. See Indiana Code 36-9-31-2
• Proposer: means any person that has submitted a proposal in response to a request for proposals issued to the person by the board. See Indiana Code 36-9-31-2
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public improvements: means :

  Indiana Code 36-9-32-3

• Public notice: means a notice published in accordance with IC 5-3-1. See Indiana Code 36-9-31-2
• public work: means a project for the construction of any public building, highway, street, alley, bridge, sewer, drain, or any other public facility that is paid for out of public funds. See Indiana Code 36-9-41-2
• Put or pay contract: means a contract entered into by the consolidated city with any person whereby the city guarantees the provision of a specified amount of waste to the person and the city is obligated to pay the person a specified amount for waste that is not so provided. See Indiana Code 36-9-31-2
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Reconstruction: includes resurfacing, widening, and rebuilding. See Indiana Code 36-9-6.5-2
• Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. See Indiana Code 36-9-27-2
• regional development authority: includes both:

  Indiana Code 36-9-43-2

• regional transportation infrastructure project: means a project for the construction, reconstruction, rehabilitation, extension, or completion of:

  Indiana Code 36-9-43-3

• Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Request for proposals: means an invitation to submit a proposal to the consolidated city for the construction, modification, acquisition, operation, or combination of any of these, of the facility under section 4 of this chapter. See Indiana Code 36-9-31-2
• Request for qualifications: means an invitation by the consolidated city to any person to submit qualifications in order to qualify to submit a proposal. See Indiana Code 36-9-31-2
• respondent: means an owner of the tract of land that is the subject of a petition seeking the removal of an obstruction under this chapter. See Indiana Code 36-9-27.4-7
• Revenue bonds: means bonds issued under section 10 of this chapter. See Indiana Code 36-9-31-2
• Revenues: means the amounts received by the consolidated city from the operation or ownership of facilities, including amounts received from the collection of fees under section 8 of this chapter, amounts received under financing agreements under section 11 of this chapter, tipping fees, lease rentals, and amounts received from the sale or other disposition of byproducts, but not including any amounts derived from the levy of taxes. See Indiana Code 36-9-31-2
• runoff: means the part of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems. See Indiana Code 36-9-28.7-3
• Rural drain: means a regulated drain that provides adequate drainage or impounds water for rural land. See Indiana Code 36-9-27-2
• Rural land: means affected land that:

  Indiana Code 36-9-27-2

• Service district: means the solid waste collection special service district created by IC 36-3-1-6. See Indiana Code 36-9-31-2
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sewage disposal facilities: means all or part of the facilities of a sewage disposal company furnishing service within the corporate boundaries of a municipality, or within one (1) mile outside those boundaries, including:

  Indiana Code 36-9-24-2

• sewage disposal system: means a privy, cesspool, septic tank, or other similar structure. See Indiana Code 36-9-22.5-2
• sewer system: includes a sewer system owned or operated by any of the following:

  Indiana Code 36-9-22.5-3

• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• Small lake: means a lake, pond, or similar body of water that:

  Indiana Code 36-9-27-2

• Solid waste: means all putrescible and nonputrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes. See Indiana Code 36-9-30-2
• Solid waste: has the meaning set forth in IC 36-9-30-2, except that the term excludes sewage and other highly diluted water-carried materials or substances and those in gaseous forms, excludes waste when the waste is to be reused or reclaimed as salvage, and excludes waste regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14. See Indiana Code 36-9-31-2
• solid waste: has the meaning set forth in IC 36-9-30-2, except that the term does not include the following:

  Indiana Code 36-9-33-2

• Solid waste disposal facility: means a sanitary landfill, an incinerator, a composting facility, a garbage grinding facility, or any other facility that is suitable for solid waste disposal and is constructed and approved under this chapter. See Indiana Code 36-9-30-2
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• storm water nuisance: means a condition:

  Indiana Code 36-9-28.7-5

• subdivision: has the meaning set forth in Indiana Code 36-9-27.8-5
• subdivision drain: means a system that:

  Indiana Code 36-9-27.8-6

• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• supplemental funding agreement: refers to a supplemental funding agreement entered into under section 8 of this chapter between:

  Indiana Code 36-9-43-4

• system: means any of the following:

  Indiana Code 36-9-13-3.5

• System: means any sewage works or municipally owned utility, as defined in IC 8-1-2-1. See Indiana Code 36-9-32-3
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tiled drain: means a tiled channel that:

  Indiana Code 36-9-27-2

• Tipping fees: means the charge by any person for the disposal of waste at a facility. See Indiana Code 36-9-31-2
• tract: means an area of land that is:

  Indiana Code 36-9-27.4-8

• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• transportation asset management plan: has the meaning set forth in IC 8-23-30-1(4). See Indiana Code 36-9-42.2-4.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• unit: means :

  Indiana Code 36-9-27.8-7

• unit of government: means :

  Indiana Code 36-9-28.7-7

• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Urban land: means affected land that:

  Indiana Code 36-9-27-2

• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• utility: means the owner of a facility. See Indiana Code 36-9-42-5
• Venue: The geographical location in which a case is tried.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• Waste: includes solid waste and water disposed of in conjunction with the disposal of solid waste, as well as liquid waste (consisting of sludge from air or water pollution control facilities or water supply treatment facilities), when disposed of in conjunction with the disposal of solid waste. See Indiana Code 36-9-31-2
• Waste disposal development bonds: means bonds issued under section 11 of this chapter. See Indiana Code 36-9-31-2
• Waste disposal district: means the waste disposal special taxing district referred to in IC 36-3-1-6. See Indiana Code 36-9-31-2
• Waste disposal district bonds: means bonds issued under section 9 of this chapter. See Indiana Code 36-9-31-2
• water utility: means :

  Indiana Code 36-9-22.5-4

• Watershed: means an area of land from which all runoff water drains to a given point or that is affected by a small lake. See Indiana Code 36-9-27-2