CHAPTER 4. ACQUISITION OF ABANDONED RIGHTS-OF-WAY BY THE STATE
IC 8-4.5-4
Chapter 4. Acquisition of Abandoned Rights-of-Way by the State
IC 8-4.5-4-1
Acquisition of railroad's interest
Sec. 1. The Indiana department of transportation shall determinewhether the state should acquire a railroad's interest in a corridor thatis proposed to be abandoned.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6;P.L.59-2005, SEC.2.
IC 8-4.5-4-1.5
Assistance in acquisition of railroad's interest
Sec. 1.5. The board shall advise and assist the Indiana departmentof transportation in matters concerning the acquisition of a railroad'sinterest in a corridor under this chapter.
As added by P.L.59-2005, SEC.3.
IC 8-4.5-4-2
Purposes of acquisition
Sec. 2. The state may acquire any part of a railroad's interest in acorridor under this chapter for any of the following purposes:
(1) A present or future rail line.
(2) A transportation corridor.
(3) A communication corridor.
(4) A recreational trail.
(5) A utility corridor.
(6) The preservation of a railroad corridor.
(7) Any combination of purposes described in subdivisions (1)through (6).
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.7.
IC 8-4.5-4-3
County meeting to consider acquisitions
Sec. 3. (a) The Indiana department of transportation shall hold atleast one (1) public meeting in a county through which the corridorpasses before determining whether the state should acquire arailroad's interest in a corridor that is proposed to be abandoned.Notice of the meeting must be given in accordance with IC 5-14-1.5.
(b) In addition to the notice requirements of IC 5-14-1.5, thedepartment shall give notice of a meeting under this section to thefollowing:
(1) The county commissioners of each county through whichthe railroad's interest in the proposed abandoned corridorpasses.
(2) The legislative body of each city or town:
(A) through which the railroad's interest in the corridorpasses; or
(B) that is within one (1) mile of any part of the railroad'sinterest in the corridor. (3) The railroad that proposes to abandon the railroad's interestin the corridor.
(4) The Indiana utility regulatory commission.
Notice must be given to the persons described in subdivisions (1)through (4) not later than the date notice is required to be publishedunder IC 5-14-1.5.
(c) The department may hold additional meetings before makinga determination under this chapter.
(d) The department shall hold a meeting under this section in eachcounty through which the railroad's interest in the corridor passes.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.8;P.L.59-2005, SEC.4.
IC 8-4.5-4-4
Factors to be considered
Sec. 4. In determining whether the state should acquire any partof a railroad's interest in a corridor, the Indiana department oftransportation shall consider the following factors:
(1) The potential for future use of the railroad's interest in thecorridor as a freight or high-speed passenger rail line,considering the following:
(A) The potential need for use of the railroad's interest in thecorridor for future transportation purposes.
(B) The cost of maintaining the railroad's interest in thecorridor during any time before the future transportation usewill begin.
(C) The effect of any interim use and the futuretransportation use of the railroad's interest in the corridor onproperty owners.
(D) Any relevant requirement of any federal law.
(E) Any other factor the department considers relevant.
(2) Based on the recommendation of the department of naturalresources, the potential for recreational use of the railroad'sinterest in the corridor considering the following:
(A) The recreational value of the railroad's interest in thecorridor.
(B) The feasibility of using the railroad's interest in thecorridor for recreation.
(C) The likelihood that there may be significant recreationaluse of the railroad's interest in the corridor if the railroad'sinterest in the corridor is converted to a recreational trail.
(D) The general acceptability of the proposed recreationaluse of the railroad's interest in the corridor to propertyowners and the community at large.
(E) The existence of a willing person, whether public orprivate, to operate the railroad's interest in the corridor forthe proposed recreational use.
(F) Any relevant requirement of any federal law.
(G) Any other factor the department considers relevant.
(3) The potential for the use of the railroad's interest in the
corridor for communications or utility use.
(4) Whether there are funds to acquire the railroad's interest inthe corridor.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.9.
IC 8-4.5-4-5
Repealed
(Repealed by P.L.59-2005, SEC.5.)
IC 8-4.5-4-6
Acquisition
Sec. 6. (a) If:
(1) a determination is made under this chapter to acquire therailroad's interest in the corridor; and
(2) money is available in the fund;
the state shall acquire the railroad's interest in the corridor underIC 4-20.5-3.
(b) An acquisition by the state under this chapter does not deprivea public utility of the use of all or part of the railroad's interest in thecorridor, if, at the time of acquisition:
(1) the public utility is occupying and using all or part of therailroad's interest in that corridor for the location and operationof its facilities; or
(2) the public utility has acquired an interest for use of all orpart of the railroad's interest in the corridor.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,SEC.11.
IC 8-4.5-4-7
Deposit of revenues
Sec. 7. If the state acquires any interest in the corridor under thisarticle, all revenues from a railroad's interest in a corridor acquiredunder this chapter, including payments derived from public utility orother easements, must be deposited in the fund.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,SEC.12.
IC 8-4.5-4-8
Acquisition for recreational purpose
Sec. 8. If a railroad's interest in a corridor is acquired under thischapter for a recreational purpose, the railroad's interest in thecorridor must be developed and operated under IC 8-4.5-5.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,SEC.13.