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;
(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.
Structure Indiana Code
Title 8. Utilities and Transportation
8-15-3-3.5. "Public-Private Agreement"
8-15-3-8. "Transient Lodging Facility"
8-15-3-9. Location of Tollway; Approval; Powers of Department
8-15-3-10. Conversion of State Highway to Tollway
8-15-3-11. Rules; Use of Tollways and Streets
8-15-3-12. Fixing and Collecting Tolls
8-15-3-13. Acquisition of Property
8-15-3-14. Sale, Transfer, or Conveyance of Property
8-15-3-15. Transfer or Lease of Property
8-15-3-16. Ingress and Egress Points
8-15-3-17. Contracts, Leases, and Other Agreements
8-15-3-18. Employees, Consultants, and Contractors
8-15-3-19. Grants; Aid; Contributions
8-15-3-20. Expenditures or Loans for Public Improvements
8-15-3-21. Acceptance of Gifts, Bequests, Loans, or Revenue Sharing
8-15-3-22. Power of Department
8-15-3-23. Exercise of Power; Exemption From Taxation or Assessments
8-15-3-24. Tolls and Charges; Fixing and Collecting; Deposits
8-15-3-25. Preservation of Contracts
8-15-3-26. Rules; Traffic Control; Property Protection; Law Enforcement Access
8-15-3-27. Adoption of Rules; Traffic Controls
8-15-3-27.5. Rules Restricting Use of Lanes
8-15-3-27.7. Rules Concerning Electronic Tolling
8-15-3-28. Violations of Rule; Size and Weight Violations
8-15-3-29. Condition and Repair of Tollways
8-15-3-30. Restoration or Repair of Damaged Property
8-15-3-31. Lease, Grant, or Conveyance of Property by Political Subdivision or Public Agency
8-15-3-32. Conversion of Tollways to State Highways
8-15-3-33. Studies of Tollway; Additional Interchanges
8-15-3-34. Employment of Police Officers
8-15-3-35. Exercise of Certain Powers by Authority or Operator