Legal R/W References
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IC 8-23 INDOT/RW Acquisition
Outlines procedures for acquiring land or property rights needed for state and local highway projects under the Indiana Department of Transportation (INDOT).
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IC 32-24 Eminent Domain
Covers the laws governing eminent domain in Indiana — the government’s authority to acquire private property for public use, with fair compensation.
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IC 36-9-3 Utility Relocation
Details the requirements for relocating public utilities (such as water, gas, or power lines) when right-of-way improvements or public projects affect existing installations.
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Precedent Ruling on PER: Contel of Indiana Inc. v. Coulson (11A01-9503-CV-74; 12/22/1995)
Establishes precedent regarding property entry rights (PER) — clarifying legal access and compensation matters when entering private land for surveys or utility work.
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Precedent on Circuitous Travel: IN v. Kimco of Evansville, Inc.
Addresses compensation issues when a road project causes indirect access or longer travel routes to a property, defining limits of damages related to accessibility.
Note: Laws and interpretations may change. Always consult a legal advisor for current guidance on specific right-of-way cases.
The image is a diagram illustrating the components of a typical highway cross-section. It shows various parts of the roadway and its surrounding environment, including the traveled way, shoulders, and drainage features.
The roadway includes the traveled way and the shoulders.The traveled way is the part of the road used for vehicle movement.
The shoulders provide space for stopping, emergency use, and drainage.
The clear zone is the area starting from the edge of the traveled way that is available for safe use by an errant vehicle.
The cross slope is the transverse slope of the road surface, which is crucial for proper drainage.
Right-of-Way and Appraisal Acronyms & References
FHWA – Federal Highway Administration
The federal agency overseeing national highway programs, funding, and standards for transportation infrastructure.
INDOT – Indiana Department of Transportation
Manages Indiana’s transportation system, including highways, bridges, and right-of-way acquisition.
LPA – Local Public Agency
Refers to cities, towns, or counties that partner with INDOT on federally funded transportation projects.
ERC – Employee in Responsible Charge
The designated local official responsible for ensuring project compliance with state and federal requirements.
FMIS – Fiscal Management Information System
A federal database used to manage and track project funding and authorizations.
PFC – Preliminary Field Check
An early-stage field review of a project’s design and site conditions before detailed engineering or acquisition.
NEPA – National Environmental Policy Act
Federal law requiring environmental evaluation and documentation for major public projects.
ERMS – Electronic Records Management System
The digital platform used for storing and managing project documents and right-of-way records.
PE – Preliminary Engineering
Covers the initial design, surveys, and studies needed to define a project before final plans and acquisition.
R/W – Right-of-Way
The land or property interests acquired for public infrastructure, such as roads or utilities.
NTP – Notice to Proceed
Formal authorization allowing work, construction, or acquisition activities to begin.
LRS – Land Record System
Database that maintains and tracks property ownership and acquisition records.
RWE – Right-of-Way Engineering
The technical design and mapping process defining property lines, easements, and parcel impacts.
T&E – Title and Encumbrance Report
A document identifying ownership, liens, and legal restrictions affecting a property.
APA – Appraisal Problem Analysis
The initial review defining scope, data needs, and valuation approach for property appraisals.
RFC – Ready for Contracts
Indicates all project requirements are complete and acquisition documents are ready for execution.
Survey Bearings
A bearing describes the direction of a line relative to the north–south axis of the Earth. It’s measured in degrees, minutes, and seconds, starting from either north (N) or south (S) and moving east (E) or west (W).
In the diagram:
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N42°37'57"E → A line running 42°37'57" east of due north.
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S00°12'08"W → A line running slightly west of due south (almost perfectly north–south).
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S42°37'57"W → A line running 42°37'57" west of due south.
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N69°05'07"W → A line running 69°05'07" west of due north.
These bearings are used in legal descriptions, plats, and right-of-way maps to define precise property boundaries and alignments.
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