CHAPTER 11. ABANDONED RAILROAD RIGHTS-OF-WAY
IC 32-23-11
Chapter 11. Abandoned Railroad Rights-of-Way
IC 32-23-11-1
Nonapplicability of chapter
Sec. 1. This chapter does not apply to a railroad right-of-way thatis abandoned as part of a demonstration project for the relocation ofrailroad lines from the central area of a city as provided underSection 163 of the Federal-Aid Highway Act of 1973 (P.L.93-87,Title I, Section 163).
As added by P.L.2-2002, SEC.8.
IC 32-23-11-2
"Public utility" defined
Sec. 2. As used in this chapter, "public utility" has the meaning setforth in IC 8-1-8.5-1.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-3
"Railroad" defined
Sec. 3. (a) As used in this chapter, "railroad" refers to a railroadcompany.
(b) The term includes a person to whom any part of a right-of-waywas transferred under the Regional Rail Reorganization Act of 1973(45 U.S.C. 701 et seq.).
As added by P.L.2-2002, SEC.8.
IC 32-23-11-4
"Right-of-way" defined
Sec. 4. (a) As used in this chapter, "right-of-way" means a strip orparcel of real property in which a railroad has acquired an interest foruse as a part of the railroad's transportation corridor.
(b) The term does not refer to any real property interest in thestrip or parcel.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-5
"Right-of-way fee" defined
Sec. 5. "Right-of-way fee" refers to the fee simple interest in thereal property through which a right-of-way runs.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-6
Abandoned right-of-way
Sec. 6. (a) Except as provided in subsection (b) and in sections 7and 8 of this chapter, a right-of-way is considered abandoned if anyof subdivisions (1) through (3) apply:
(1) Before February 28, 1920, both of the following occurred:
(A) The railroad discontinued use of the right-of-way forrailroad purposes. (B) The rails, switches, ties, and other facilities wereremoved from the right-of-way.
(2) After February 27, 1920, both of the following occur:
(A) The Interstate Commerce Commission or the UnitedStates Surface Transportation Board issues a certificate ofpublic convenience and necessity relieving the railroad ofthe railroad's common carrier obligation on the right-of-way.
(B) The earlier of the following occurs:
(i) Rails, switches, ties, and other facilities are removedfrom the right-of-way, making the right-of-way unusablefor continued rail traffic.
(ii) At least ten (10) years have passed from the date onwhich the Interstate Commerce Commission or the UnitedStates Surface Transportation Board issued a certificate ofpublic convenience and necessity relieving the railroad ofits common carrier obligation on the right-of-way.
(3) The right-of-way was abandoned under the Regional RailReorganization Act of 1973 (45 U.S.C. 701 et seq.).
(b) A right-of-way is not considered abandoned if:
(1) rail service continues on the right-of-way; or
(2) the railroad has entered into an agreement preserving railservice on the right-of-way.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-7
Trail use condition imposed
Sec. 7. A right-of-way is not considered abandoned if theInterstate Commerce Commission or the United States SurfaceTransportation Board imposes on the right-of-way a trail usecondition under 16 U.S.C. 1247(d).
As added by P.L.2-2002, SEC.8.
IC 32-23-11-8
Sale of railroad's interest
Sec. 8. (a) A right-of-way is not considered abandoned if thefollowing conditions are met:
(1) The railroad sells the railroad's rights in the right-of-waybefore abandoning the right-of-way.
(2) The purchaser of the railroad's rights in the right-of-way isnot a railroad.
(3) The purchaser purchases the right-of-way for use by thepurchaser to transport goods or materials by rail.
(b) A railroad may discontinue rail service on the right-of-waywithout abandoning the right-of-way.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-9
Size of interest conveyed
Sec. 9. If a railroad conveys its interest in a right-of-way, therailroad conveys not more than the interest it holds at the time of the
conveyance.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-10
Abandoned interest to vest in fee owner
Sec. 10. (a) This section applies if a railroad does not own theright-of-way fee.
(b) If a railroad abandons its right to a railroad right-of-way, therailroad's interest vests in the owner of the right-of-way fee with adeed that contains a description of the real property that includes theright-of-way.
(c) If a deed described in subsection (b) does not exist, then therailroad's interest vests in the owner of the adjoining fee. The interestof the railroad that vests in the owner of the adjoining fee is for thepart of the right-of-way from the center line of the right-of-way to theadjoining property line.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-11
Effect of interest vesting on other easement and license holders
Sec. 11. (a) The vesting of a railroad's interest under section 10 ofthis chapter does not divest a valid public utility, communication,cable television, fiber optic, or pipeline easement, license, or legaloccupancy if the railroad granted the easement before the date onwhich the railroad abandoned the right-of-way.
(b) This chapter does not deprive a public utility, communicationcompany, cable television company, fiber optic company, or pipelinecompany of the use of all or part of a right-of-way if, at the time ofabandonment, the company:
(1) is occupying and using all or part of the right-of-way for thelocation and operation of the company's facilities; or
(2) has acquired an interest for use of all or part of theright-of-way.
(c) This chapter does not do the following:
(1) Limit the right of the owner of a right-of-way fee to demandcompensation from a railroad or a utility for the value of aninterest taken and used or occupied after abandonment.
(2) Grant to the owner of a right-of-way fee the right to obtainduplicative compensation from a utility or pipeline company forthe value of the use of any portion of the right-of-way that issubject to the terms of an agreement previously entered intobetween the utility or pipeline company and the owner of theright-of-way fee. For purposes of this subdivision, "pipeline"does not include a coal slurry pipeline.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-12
Limitation on commencement of action
Sec. 12. (a) A person may bring an action to establish full rightsof possession of the person's right-of-way fee in any part of a
right-of-way that is burdened by an easement for railroad purposesnot more than thirty (30) years after the right-of-way is abandonedunder this chapter.
(b) A person may commence an action to establish the person'sownership of a right-of-way fee in any part of a right-of-way byenforcing a possibility of reverter or a right of entry underIC 32-17-10.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-13
Determination of ownership
Sec. 13. Except as provided in section 14 of this chapter, theownership of a right-of-way fee is determined under the sameprinciples that fee simple ownership in property is otherwisedetermined under Indiana law.
As added by P.L.2-2002, SEC.8.
IC 32-23-11-14
Adverse possessions or prescriptive easements not establishing titleor rights to property
Sec. 14. For purposes of this chapter, the following are notadverse possessions or prescriptive easements to the owner and donot establish title or rights to the real property:
(1) Possession of a right-of-way by a nonrailroad purchaserunder section 8 of this chapter.
(2) Possession of a right-of-way by a public utility or under acommunication, cable television, fiber optic, or pipelineeasement, license, or legal occupancy under section 11 of thischapter.
(3) Possession of a right-of-way by a responsible party (asdefined in IC 8-4.5-1-17).
As added by P.L.2-2002, SEC.8.
IC 32-23-11-15
Easement of necessity
Sec. 15. If a railroad owns a right-of-way fee that becomeslandlocked after the right-of-way is abandoned, the railroad retainsan easement of necessity in the abandoned right-of-way:
(1) from the landlocked property to the nearest public highway,road, or street; and
(2) to the extent necessary to reach and use the landlocked feeinterest for its intended purpose.
As added by P.L.2-2002, SEC.8.