Indiana § 8-15-3-23 - Exercise of power; exemption from taxation or assessments

§ 8-15-3-23. Exercise of power; exemption from taxation or assessments

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.