105 IAC 17.5 — ARTICLE 17.5. RELOCATION ASSISTANCE

TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION

ARTICLE 17.5. RELOCATION ASSISTANCE

Rule 1

105 IAC 17.5-1-1 105 IAC 17.5-1-1 Purpose of rule

Rule 1. Application; Purpose; General Provisions

105 IAC 17.5-1-1 Purpose of rule

Authority: IC 8-23-20-25.7; IC 8-23-20.5-6

Affected: IC 8-23-17-30; IC 8-23-20-25.6; IC 8-23-20-27; IC 8-23-20.5

Sec. 1. The purpose of this rule is to carry out the objectives of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601-4655), IC 8-23-20-25.6, IC 8-23-20-27, and IC 8-23-20.5. For purposes of this rule, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and federal regulations promulgated to meet the Uniform Act's objectives, including 49 CFR Part 24, as amended, are together referred to as the "Uniform Act". Except as expressly provided in this rule, or as otherwise provided for in Indiana or federal law, the Uniform Act applies to owners and displaced persons for determining the eligibility of relocation payments and the amount of those payments. Definitions in the Uniform Act apply throughout this article.

*These documents are incorporated by reference and refer to the laws or regulations, or both, in effect on or before February 1, 2026. Copies may be obtained from the Government Publishing Office, www.govinfo.gov, or are available for review at the Indiana Department of Transportation, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Seventh Floor, Indianapolis, IN 46204.

(Indiana Department of Transportation; 105 IAC 17.5-1-1; filed Aug 28,2025, 10:19 a.m.: 20250924-IR-105250320FRA)

105 IAC 17.5-1-2 105 IAC 17.5-1-2 Moving expenses for building code compliance

105 IAC 17.5-1-2 Moving expenses for building code compliance

Authority: IC 8-23-20-25.7; IC 8-23-20.5-6

Affected: IC 8-23-17-30; IC 8-23-20-25.6; IC 8-23-20-27; IC 8-23-20.5; IC 22-13-2

Sec. 2. The actual, reasonable costs to modify an outdoor advertising sign that are necessary for a sign to comply with IC 22-13-2 or any other state law, or a local or federal law, are eligible moving expenses. The eligible costs for modifying a sign structure may not exceed the cost of a substitute sign structure that complies with IC 22-13-2, minus proceeds from the sale or trade in of the replaced item. This section does not prohibit the displaced person from receiving additional applicable moving expenses under the Uniform Act.

(Indiana Department of Transportation; 105 IAC 17.5-1-2; filed Aug 28, 2025, 10:19 a.m.: 20250924-IR-105250320FRA)

105 IAC 17.5-1-3 105 IAC 17.5-1-3 Duplication in payment

105 IAC 17.5-1-3 Duplication in payment

Authority: IC 8-23-20-25.7; IC 8-23-20.5-6

Affected: IC 8-23-17-30; IC 8-23-20-25.6; IC 8-23-20-27; IC 8-23-20.5

Sec. 3. (a) If a sign owner who has been displaced has not waived their right to pursue compensation under IC 8-23-20-27 in an eminent domain proceeding associated with their sign, but submits a claim with the department for a relocation payment for moving expenses associated with that sign, to receive the relocation payment, the sign owner shall affirm in an agreement with the department that they will repay to the department:

(1) payments made to the owner that are determined to be duplicative based on the Uniform Act; and

(2) payments the owner was not entitled to receive because of a later opinion of a court with jurisdiction to enter a judgment on the issue of compensation under IC 8-23-20-27.

(b) The agreement under subsection (a) authorizes the department to set off payments owed to it under this section against compensation the department may owe to the displaced person under IC 8-23-20-27. The department may exercise set off rights through the filing of a request with the court with jurisdiction over the eminent domain proceeding. The department is not prohibited from using other means to obtain repayment of duplicative payments.

(Indiana Department of Transportation; 105 IAC 17.5-1-3; filed Aug 28, 2025, 10:19 a.m.: 20250924-IR-105250320FRA)

105 IAC 17.5-1-4 105 IAC 17.5-1-4 Appeals

105 IAC 17.5-1-4 Appeals

Authority: IC 8-23-20-25.7; IC 8-23-20.5-6

Affected: IC 4-21.5; IC 8-23-17-30; IC 8-23-20-25.6; IC 8-23-20-27; IC 8-23-20.5

Sec. 4. If a displaced person has applied for relocation assistance under the Uniform Act or applicable state law, the department shall issue a written notification of its determination on the displaced person's eligibility for assistance. A displaced person is entitled to appeal this determination under the procedures outlined in the Uniform Act and IC 4-21.5.

(Indiana Department of Transportation; 105 IAC 17.5-1-4; filed Aug 28, 2025, 10:19 a.m.: 20250924-IR-105250320FRA)