CHAPTER 1. INCORPORATION OF RAILROAD COMPANIES
IC 8-4
ARTICLE 4. ORGANIZATION AND OPERATION OFRAILROADS
IC 8-4-1
Chapter 1. Incorporation of Railroad Companies
IC 8-4-1-1
Incorporation; capitalization; articles of association; election ofdirectors
Sec. 1. (a) A railroad may incorporate under any of the following:
(1) This chapter.
(2) The Indiana Business Corporation Law (IC 23-1).
(3) Any other applicable statute.
(b) Any number of persons, not less than fifteen (15), beingsubscribers to the stock of any contemplated railroad may be formedinto a corporation for the purpose of constructing, owning, andmaintaining such railroad by complying with the followingrequirements:
(1) Whenever stock to the amount (measured by theconsideration to be received therefor) of at least fifty thousanddollars ($50,000), or one thousand dollars ($1,000) for each andevery mile of the proposed road, shall have been subscribed, thesubscribers to such stock shall elect directors for such companyfrom their own number and shall severally subscribe articles ofassociation in which shall be set forth the following:
(A) The name of the corporation.
(B) The total number of shares into which its authorizedcapital stock is to be divided.
(C) Whether all or part of said shares are to have a par valueand if so, the number and par value of such shares.
(D) Whether all or part of said shares are to be without parvalue and if so, the number of such shares.
(E) The consideration for which the company may issue andsell its shares without par value or authorization to the boardof directors to fix such consideration from time to time.
(F) If said shares are to be divided into classes or kinds, thedesignations of the different classes, the number and parvalue, if any, of the shares of each class, and a statement ofthe relative rights, preferences, limitations, restrictions, andvoting rights of each class.
(G) The number of directors and their names to manage theaffairs of the company.
(H) The names of the place from which and the place towhich the proposed road is to be constructed and eachcounty into which or through which it is intended to pass.
(I) Its length as near as may be.
(2) Each subscriber to such articles of association shall state hisplace of residence and the number and class (if there be more
than one (1) class) of shares taken by him in such company.
(Formerly: Acts 1852, 1RS, c.83, s.1; Acts 1933, c.101, s.7.) Asamended by P.L.75-1990, SEC.1.
IC 8-4-1-2
Shareholders; preemptive rights
Sec. 2. The shareholders of any railroad company, now organizedor hereafter to be organized under the laws of this state, shall have nopreemptive rights to subscribe to or purchase any additional issuesof shares of the capital stock of the corporation of any class nor anyshares of the corporation purchased or acquired by the corporationand not canceled but held as treasury stock except to the extent, ifany, that such rights shall be fixed and stated in the articles ofassociation.
(Formerly: Acts 1852, 1RS, c.83, s.1a; Acts 1957, c.69, s.1.)
IC 8-4-1-3
Articles of association; filing with secretary of state
Sec. 3. Articles of association formed under section 1 of thischapter shall be filed in the office of the secretary of state; and,thereupon, the persons who have subscribed the same, and allpersons who shall, from time to time, become stockholders in suchcompany, and their successors, shall be a body politic and corporate,in perpetuity, by the name stated in such articles of association; andmay sue or be sued; and may have a common seal, and may make andalter the same at pleasure; and shall be capable, in law, ofpurchasing, holding, and conveying any real and personal propertywhatever, necessary for the construction of such road and for theerection of all necessary buildings and yards and appurtenances forthe use of the same. A copy of any articles of association filed inpursuance of this chapter, and certified to be a copy, by the secretaryof state or his deputy, shall, in all courts and places, be presumptiveevidence of the incorporation of such company and of the facts statedtherein.
(Formerly: Acts 1852, 1RS, c.83, s.2.) As amended by P.L.62-1984,SEC.32.
IC 8-4-1-4
Subscriptions to the stock
Sec. 4. The directors named in section 1 of this chapter shall openbooks for subscription to the capital stock of the company, at suchtimes and in such places as a majority of them may direct, duenotices of which shall be given; and in case a greater amount of stockshall be subscribed than the whole capital required by such company,the directors shall distribute such capital stock, so subscribed, asequally as possible among the subscribers, but no share thereof shallbe divided in making such distribution, nor shall a greater number ofshares be allotted to any one (1) subscriber than by him subscribedfor.
(Formerly: Acts 1852, 1RS, c.83, s.3.) As amended by P.L.62-1984,
SEC.33.
IC 8-4-1-5
Shareholders; annual meeting; directors, election, and term
Sec. 5. There shall be an annual meeting of the stockholders (tobe held in one (1) of the counties in which or through which suchroad is proposed to be or may be constructed) for the election ofdirectors to serve for the ensuing year, notice of which, appointinga time and place, shall be given by the directors chosen as providedin section 1 of this chapter for the first annual election, and,afterward, by their successors in office; which notice shall bepublished not less than twenty (20) days previous thereto in anewspaper published in each county through which such road shallbe intended to run (if there be stockholders residing therein) in whicha newspaper shall be published; and if no newspaper be publishedtherein, then by six (6) written or printed notices put up in the mostpublic places in such county; provided, however, that the directorsmay prescribe by bylaw a place outside the state for the holding ofannual meetings, or, notwithstanding the limitations of section 10 ofthis chapter, by resolution adopted at any meeting by stockholdersholding shares representing two-thirds (2/3) of the voting power ofthe capital stock entitled to vote at any annual meeting. Three (3)judges of election shall be chosen by the board of directors previousto any annual meeting of the stockholders, who shall be stockholdersbut not directors at the time of such election, whose duty it shall beto receive the votes of the stockholders at such election for directors,and who shall openly count the votes and declare the result, and shallfurnish the directors elected at such meeting of the stockholders witha certificate of their election, which certificate shall be evidence oftheir authority to act as such directors. Not less than seven (7) normore than thirteen (13) directors shall be chosen at such meeting ofstockholders, by ballot, and by a majority of the votes of thestockholders present in person or by proxy. No person shall be adirector unless he shall be a stockholder, owning stock absolutely inhis own right, and qualified to a vote for directors at the election atwhich he shall be chosen. The directors shall hold their office for one(1) year and until others are elected in their places.
(Formerly: Acts 1852, 1RS, c.83, s.4; Acts 1933, c.101, s.8; Acts1955, c.139, s.1.) As amended by P.L.62-1984, SEC.34.
IC 8-4-1-6
Meetings of shareholders; notice; requisites
Sec. 6. Meetings of the stockholders may be called at any timeduring the interval between the annual meetings, by the directors orby the stockholders owning not less than one-fourth (1/4) of thestock, by giving thirty (30) days public notice of the time and placeof the meetings, in the manner provided in section 5 of this chapterfor the annual meetings; and when any such meeting is called by thestockholders, the particular object of such meeting shall be stated insuch notice, and if at any such meeting thus called, a majority in
value of the stockholders are not represented in person or by proxy,such meeting shall be adjourned from day to day, not exceeding three(3) days, without transacting any business; and if, within said three(3) days, stockholders having a majority of the stock do not attendsuch meeting, then the meeting shall be dissolved.
(Formerly: Acts 1852, 1RS, c.83, s.5.) As amended by P.L.62-1984,SEC.35.
IC 8-4-1-7
Meetings of shareholders; annual report; removal of officers
Sec. 7. At a regular meeting of the stockholders of any suchcorporation, it shall be the duty of the president and directors inoffice for the preceding year to exhibit a clear and distinct statementof the affairs of said company; and at any meeting of thestockholders, a majority of those present, in person or by proxy, mayrequire similar statements from the directors, whose duty it shall beto furnish them when thus required: and at all general meetings of thestockholders, a majority in value of the stockholders in suchcompany may remove any president or any director of such company,and elect another in their stead; provided, notice of such intendedremoval shall have been given as required in sections 5 and 6 of thischapter.
(Formerly: Acts 1852, 1RS, c.83, s.6.) As amended by P.L.62-1984,SEC.36.
IC 8-4-1-8
Directors; elections; president and other officers; appointment orelection
Sec. 8. In case it shall happen, at any time, that an election ofdirectors shall not be made on the day designated by the bylaws ofthe company, when it ought to have been made, the company, for thatreason, shall not be dissolved if, within ninety (90) days thereafter,they shall hold an election for directors in such manner as shall beprovided by the bylaws of the company. There shall be a presidentof the company who shall be chosen by and from the directors, andalso such subordinate officers as the company, by its bylaws, maydesignate, who may be elected or appointed, and required to givesuch security for the faithful performance of the duties of theiroffices as the company, by its bylaws, may require; provided, thatnothing contained in this section shall be so construed as to preventthe stockholders from removing a president and electing another inhis place in the manner prescribed in section 7 of this chapter.
(Formerly: Acts 1852, 1RS, c.83, s.7.) As amended by P.L.62-1984,SEC.37.
IC 8-4-1-9
Stock subscriptions; demands for payment
Sec. 9. It shall be lawful for the directors to call in and demandfrom the stockholders, respectively, any sums of money by themsubscribed, in such payments or instalments as the directors shall
deem proper, under the penalty of forfeiting the shares of stocksubscribed for and all previous payments made thereon if paymentshall not be made by the stockholders within thirty (30) days afterpersonal demand, or notice, requiring such payment, shall have beenmade in each county through which such road shall be laid out inwhich a newspaper shall be published: Provided, That subscriptionsshall not be required to be paid except in equal instalments of notmore than ten (10) per cent a month.
(Formerly: Acts 1852, 1RS, c.83, s.8.)
IC 8-4-1-10
By-laws; officers and employees; appointment and duties
Sec. 10. The directors of such company shall have power to makeby-laws for the management and disposition of stock, property andbusiness affairs of such company not inconsistent with the laws ofthis state, and prescribing the duties of officers, artificers, andservants, that may be employed, and for the appointment of all theofficers for carrying on all business within the object and purposesof such company.
(Formerly: Acts 1852, 1RS, c.83, s.9.)
IC 8-4-1-11
Stock certificates; issuance and transfer
Sec. 11. Each shareholder shall be entitled to a certificate, signedby the president or a vice-president and the secretary or an assistantsecretary or the treasurer or an assistant treasurer, certifying thenumber of shares of stock owned by him in the company; whichshares shall be deemed personal estate, and shall be transferable inthe manner prescribed in the by-laws of the company; but no sharesshall be transferable until all previous calls thereon shall have beenfully paid in, or the shares shall have been forfeited for thenonpayment of calls thereon. Where any such certificate is signed bya transfer agent or transfer clerk and by a registrar, the signature ofany such president, vice-president, secretary, assistant secretary,treasurer or assistant treasurer upon such certificate may befacsimiles, engraved or printed. In case any such officer who hassigned or whose facsimile signature has been placed upon suchcertificate shall have ceased to be such before such certificate isissued, it may be issued by the company with the same effect as ifsuch officer had not ceased to be such at the date of its issue. Allcertificates, including those heretofore issued, which are signed infacsimile, as authorized herein, shall be as valid and effectual for allpurposes as if signed by the proper officers.
(Formerly: Acts 1852, 1RS, c.83, s.10; Acts 1941, c.120, s.1.)
IC 8-4-1-12
Certificate of capitalization
Sec. 12. The president and a majority of the directors, withinthirty (30) days after the payment of the last instalment of the capitalstock so fixed and limited by the company, shall make a certificate,
stating the amount of capital stock so fixed and paid in, whichcertificate shall be signed by the president and a majority of thedirectors, and sworn to by the president and secretary, and they shall,within the said thirty (30) days, file and record the same in the officeof the secretary of state.
(Formerly: Acts 1852, 1RS, c.83, s.11.)
IC 8-4-1-13
Maps and route profile; filing
Sec. 13. Every such company, before proceeding to construct apart of their road into or through any county named in its articles ofassociation, shall make a map and profile of the route intended to beadopted by such company, which shall be certified by a majority ofthe directors, and filed in the office of the clerk of such county, forthe inspection and examination of all parties interested therein.
(Formerly: Acts 1852, 1RS, c.83, s.12.)
IC 8-4-1-14
General powers and duties; enumeration
Sec. 14. (a) Every such corporation shall possess the generalpowers, and be subject to the liabilities and restrictions, expressed inthe special powers following:
(1) To cause such examination and surveys for the proposedrailroad to be made as may be necessary to the selection of themost advantageous route for the railroad, and, for suchpurposes, by their officers, agents, and servants, to enter uponthe lands or waters of any person, but subject to responsibilityfor all damages which they shall do thereto.
(2) To receive, hold, and take such voluntary grants anddonations of real estate and other personal property as shall bemade to it to aid in the construction, maintenance, andaccommodation of such railroad; but the real estate thusreceived by voluntary grants shall be held and used for thepurposes of such grants only.
(3) To purchase, and, by voluntary grants and donations receiveand take, and, by its officers, engineers, surveyors, and agents,enter upon, take possession of, hold, and use all such lands andreal estate and other property as may be necessary for theconstruction and maintenance of its railroad stations, depots,and other accommodations necessary to accomplish the objectsfor which the corporation is created; but not until thecompensation to be made therefor, as agreed upon by the partiesor ascertained as prescribed in this chapter, shall have been paidto the owner or owners thereof, or deposited as directed by thischapter, unless the consent of such owner be given to enter intopossession.
(4) To lay out its road, not exceeding six (6) rods wide, and toconstruct the same; and for the purposes of cuttings,embankments, and procuring stone and gravel, or theimprovement of its road by the construction of additional main
tracks, switches, or passing sidings, it may take as much morelands, within the limits of its charter, in the manner provided inthis chapter, as may be necessary for the proper construction,improvement, and security of the road.
(5) To construct its road upon or across any stream of water,watercourse, highway, railroad, or canal, so as not to interferewith the free use of the same, which the route of its road shallintersect, in such manner as to afford security for life andproperty; but the corporation shall restore the stream orwatercourse, road, or highway thus intersected to its formerstate, or in a sufficient manner not to unnecessarily impair itsusefulness or injure its franchises.
(6) To cross, intersect, join, and unite its railroad with any otherrailroad before constructed, at any point on its route and uponthe grounds of such other railroad company, with the necessaryturn-outs, sidings, switches, and other conveniences, infurtherance of the objects of its connections; and everycompany whose railroad is intersected on or after May 6, 1852,by any new railroad shall unite with the owners of such newrailroad in forming such intersections and connections, andgrant the facilities aforesaid; and if the two (2) corporations cannot agree upon the amount of compensation to be madetherefor, or the points or manner of such crossings andconnections, the same shall be ascertained and determined bycommissioners, to be appointed as is provided in this chapter inrespect to the taking of lands; but this section shall not affectthe rights or franchises granted before May 6, 1852.
(7) To purchase lands or take them in order that it may changethe line of its road, whenever a majority of the directors shall sodetermine, as is provided in this chapter, but no change shallvary the general route of such road.
(8) To take, transport, carry, and convey persons and propertyon its railroad by the force and power of steam or animals or ofany mechanical power, or by any combination of them, andreceive tolls or compensation therefor.
(9) To erect and maintain all necessary and convenientbuildings, stations, depots, fixtures, and machinery for theaccommodation and use of their passengers, freight, andbusiness, and obtain and hold the lands necessary therefor.
(10) To regulate the time and manner in which passengers andproperty shall be transported, and the tolls and compensation tobe paid therefor.
(b) In all proceedings authorized by this chapter to take land forthe construction of additional main tracks, switches, or passingsidings, the burden of proof shall be upon the corporation to prove ina court of competent jurisdiction its right to take such land and thenecessity therefor, preliminary to assessment of damages; and inestimating damages, the damages of all persons, firms, limitedliability company, or corporations shall be computed as in othercases, to which shall be added compensation for all such injuries,
interruptions, and destruction to any trade, business, contract,occupation, residence, or industry involved, the expense anddifficulty in obtaining a new location and in relocating such businessor industry, as may not be elements of damage under any law otherthan this chapter; provided, that nothing contained in this chaptershall repeal, affect, or modify any powers or duties of thecommission or any obligations imposed upon railroads by statuteother than this chapter, nor impliedly nor expressly repeal, affect, ormodify any other statute of this state.
(Formerly: Acts 1852, 1RS, c.83, s.13; Acts 1911, c.82, s.1.) Asamended by P.L.62-1984, SEC.38; P.L.23-1988, SEC.82;P.L.8-1993, SEC.140.
IC 8-4-1-15
Eminent domain; right to acquire title
Sec. 15. In case any company formed under this chapter is unableto agree for the purchase of any real estate, in any county, requiredfor the construction of the track, turn-outs and water stations, it shallhave the right to acquire the title to the same in the manner and bythe special proceedings prescribed in this chapter.
(Formerly: Acts 1852, 1RS, c.83, s.14.) As amended by P.L.62-1984,SEC.39.
IC 8-4-1-16
Eminent domain; damages; appraisals; appeals
Sec. 16. (a) A corporation formed under this chapter is authorizedto enter upon any land for the purpose of examining and surveyingits railroad line and may appropriate as much land as is deemednecessary for its railroad, including necessary side-tracks and waterstations, materials for constructing, except timber, a right-of-wayover adjacent lands sufficient to enable the company to construct andrepair its road, and a right to conduct water by aqueducts, and theright of making proper drains.
(b) The corporation shall deposit with the clerk of the circuit courtof the county where the land lies, a description of the rights andinterests intended to be appropriated. The land, rights, and interestsshall belong to the company, to use for the purpose specified, bymaking or tendering payment as provided in this section.
(c) The corporation may, by its directors, purchase lands,materials, rights-of-way, or interests of the owner of the land, or, incase the land is owned by a mentally incompetent person or a personunder eighteen (18) years of age, at a price to be agreed upon by theguardian or parent of the mentally incompetent person or personunder eighteen (18) years of age, if the land, material, right-of-way,or interest is appraised by the court in which the description is filed.Upon agreement and approval, the owner, guardian, or parent, as thecase may be, shall convey the premises purchased, in fee simple orotherwise, as the parties may agree, to the railroad corporation. Thedeed, when made, shall be valid in law.
(d) If the corporation does not agree with the owner of the land,
or with the owner's guardian, if the owner is incapable of contracting,concerning the damages sustained by the appropriation, thecorporation shall deliver to the owner or guardian, if within thecounty, a copy of the instrument of appropriation. If the owner or theowner's guardian, in case the owner is incapable of contracting, isunknown or does not reside within the county, the corporation shallpublish, in a newspaper of general circulation in the county, for three(3) weeks, an advertisement, concerning the substance of theinstrument of appropriation.
(e) Upon filing an act of appropriation and delivery of a copy, ormaking the publication, the circuit court in the county where the landlies, upon the application of either party, shall appoint, by warrant:
(1) one (1) disinterested freeholder of the county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to appraise the damages which theowner of the land may sustain by the appropriation. One (1) of theappraisers appointed under subdivision (2) must reside not more thanfifty (50) miles from the land. The appraisers shall be duly sworn.They shall consider the injury that the owner may sustain by reasonof the railroad. The appraisers shall return their assessment ofdamages to the clerk of the court, setting forth the value of theproperty taken or injury to the property which they assess to theowner, or owners separately, to be filed and recorded by the clerk.The corporation shall pay to the clerk the amount thus assessed, ortender the amount to the party in whose favor the damages areawarded or assessed.
(f) On making payment or tender in the manner required, it islawful for the corporation to hold the interests in the lands ormaterials appropriated, and to use the materials on the roadway andwithin fifty (50) feet on each side of the center of the roadway. Thecost of the award shall be paid by the corporation. On notice by anyinterested party, the court may order payment and enforce thepayment by execution.
(g) The award of the arbitrators may be reviewed by the court inwhich proceedings may be had, on written exceptions filed by eitherparty in the clerk's office within twenty (20) days after the filing ofthe award. Notice of filing of the arbitrators' award shall be given bythe clerk of the court to all known parties to the action and theirattorneys of record by certified mail. The period of exceptions shallrun from and after the date of mailing. The court shall make an orderas right and justice may require by ordering a new appraisement ongood cause shown.
(h) Notwithstanding an appeal, the corporation may takepossession of the property described in the exceptions, and thesubsequent proceedings on the appeal only affect the amount ofcompensation to be allowed. If, prior to the assessment, thecorporation shall tender to the owner (or the owner's guardian, if theowner is unable to contract) an amount equal to the award that wasmade, exclusive of costs, the costs of arbitration shall be paid equallyby the corporation and the owner or guardian.(Formerly: Acts 1852, 1RS, c.83, s.15; Acts 1973, P.L.22, SEC.4;Acts 1973, P.L.23, SEC.3.) As amended by P.L.33-1989, SEC.7;P.L.113-2006, SEC.3.
IC 8-4-1-17
Eminent domain; conflicting claimants to compensation; judicialdetermination
Sec. 17. If there are adverse or conflicting claimants to the money,or any part of it, to be paid as compensation for the real estate taken,the court may direct the money to be paid into the said court by thecompany, or take security for the same until it can determine who isentitled to the same, and shall direct to whom the same shall be paid,and may, in its discretion, order a reference, to ascertain the facts onwhich such determination and order are to be made.
(Formerly: Acts 1852, 1RS, c.83, s.16.)
IC 8-4-1-18
Eminent domain; court appointed attorney for absentees orpersons unknown
Sec. 18. The court shall appoint some competent attorney toappear for and protect the rights of any party in interest who isunknown, or whose residence is unknown, and who has not appearedin the proceedings by an attorney or agent. The court shall also havepower, at any time, to amend any defect or informality in any of thespecial proceedings authorized by this chapter as may be necessary,or to cause new parties to be added, and to direct such further noticeto be given to any party in interest, as it deems proper; and also toappoint other commissioners in the place of any who shall die orrefuse or neglect or are unable to serve, or who may leave or beabsent from the state.
(Formerly: Acts 1852, 1RS, c.83, s.17.) As amended by P.L.62-1984,SEC.40.
IC 8-4-1-19
Eminent domain; stay of proceedings; perfecting defective title
Sec. 19. At any time after an attempt to acquire title by appraisalof damages or otherwise, if it shall be found that the title therebyattempted to be acquired is defective, the company may proceedanew to acquire or perfect the same in the same manner as if noappraisal had been made. At any stage of such new proceedings, thecourt may authorize the corporation, if in possession, to continue inpossession, and, if not in possession, to take possession of and usesuch real estate during the pendency and until the final conclusion ofsuch new proceedings; and may stay all actions and proceedingsagainst the company, or any officer, agent or workman of suchcompany, on account thereof, on such company paying into court asufficient sum, as the court may direct to pay the compensationtherefor when finally ascertained; and in every such case, the partyinterested in such real estate may conduct the proceedings to aconclusion, if the company delays or omits to prosecute the same.(Formerly: Acts 1852, 1RS, c.83, s.18.)
IC 8-4-1-20
Financing of operations; loans and issue of security
Sec. 20. Such company may, from time to time, borrow such sumsof money as they may deem necessary for completing or operatingtheir railroad, and issue and dispose of their bonds for any amountsso borrowed, for such sums, and at such rate of interest as is allowedby the laws of the state where such contract is made, and mortgagetheir corporate property and franchises to secure the payment of anydebt contracted by such company; and the directors of such companymay confer on any holder of any bond issued for money borrowed asaforesaid the right to convert the principal due or owing thereon intostock of said company, at any time not exceeding fifteen (15) yearsfrom the date of said bond, under such regulations as the companymay adopt; and such company may sell their bonds, either within orwithout this state, at such rates and prices as permitted by law, andsuch sales shall be as valid as if such bonds should be sold at parvalue.
(Formerly: Acts 1852, 1RS, c.83, s.19.)
IC 8-4-1-21
Alteration in lines
Sec. 21. If, at any time after the location of the track of such road,in whole or in part, and the filing of the map thereof, it shall appearto the directors of such company that the line thereof may beimproved, such directors may, from time to time, alter the line, andcause a new map to be filed in the office where the map showing thefirst location is filed, and may thereupon take possession of the landsembraced in such new location that may be required for theconstruction and maintenance of such road on such new line, eitherby agreement with the owner or by such proceedings as areauthorized under this chapter, and use the same in place of the linefor which the new is substituted. But nothing in this chapter shall beso construed as to confer upon any railroad company alreadyincorporated, any powers to locate its road on any route which wouldnot have been authorized by the charters previously granted. Andnothing in this chapter contained shall authorize the said company tomake a location of their track within any city without the consent ofthe common council of said city; nor shall the company have powerso to change their road as to avoid any point named in their articlesof association.
(Formerly: Acts 1852, 1RS, c.83, s.21.) As amended by P.L.62-1984,SEC.41.
IC 8-4-1-22
Railroad crossings; grade separation
Sec. 22. Whenever the track of such railroad shall cross a road orhighway, such road or highway may be carried under or over thetrack, as may be most expedient; and in cases where an embankment
or cutting shall make a change in the line of such road or highwaydesirable, with a view to a more easy ascent or descent, the saidcompany may take such additional lands for the construction of suchroad or highway, or such new line, as may be deemed requisite bysaid directors. Unless the lands so taken shall be purchased orvoluntarily given for the purposes aforesaid, compensation thereforshall be ascertained, in the manner in this chapter provided, as nearlyas may be, and duly made by such corporation to the owners andpersons interested in such lands; and the same, when so taken andcompensation made, to become part of such intersecting road orhighway, in such manner and by such terms as the adjacent parts ofsuch highway may be held for highway purposes.
(Formerly: Acts 1852, 1RS, c.83, s.22.) As amended by P.L.62-1984,SEC.42.
IC 8-4-1-23
Public lands; acquisition; location upon grounds of stateinstitutions
Sec. 23. If any corporation shall, for its purposes aforesaid,require any land belonging to the state or to any county or town, thegeneral assembly and the county and town officers respectivelyhaving charge of such lands may grant such lands to such corporationupon such terms as shall be agreed upon; and if they shall not soagree, the same may be taken by the corporation in the same manneras provided in other cases. No railroad shall be located upon oracross the grounds of the state occupied by the institutions forindividuals who are:
(1) insane;
(2) blind; or
(3) deaf and without speech.
(Formerly: Acts 1852, 1RS, c.83, s.23.) As amended by P.L.99-2007,SEC.32.
IC 8-4-1-24
Employees; identification badges
Sec. 24. Every conductor, baggagemaster, engineer, brakeman, orother servant of any such railroad corporation, employed on apassenger train or at stations for passengers, shall wear upon his hator cap a badge, which shall indicate his office and the initialed lettersof the style of the corporation by which he is employed. No collectoror conductor, without such badge, shall demand or be entitled toreceive from any passenger any fare, toll or ticket, or exercise any ofthe powers of his office; and no other of said officers or servants,without such badge, shall have any authority to meddle or interferewith any passenger or property.
(Formerly: Acts 1852, 1RS, c.83, s.24.)
IC 8-4-1-25
State lien for penalties, taxes, and dues
Sec. 25. The state shall have a lien upon all railroads of such
corporations and their appurtenances and stock therein for allpenalties, taxes and dues which may accrue to the state from suchcorporations; which lien of the state shall have precedence of alldemands, judgments or decrees against said corporations. And thecitizens of this state shall have a lien upon all personal property ofsaid corporations, to the amount of one hundred dollars ($100), forall debts originally contracted within this state, which, after said lienof the state, shall take precedence of all other debts, demands,judgments or decrees, liens or mortgages against such corporations.
(Formerly: Acts 1852, 1RS, c.83, s.26.)
IC 8-4-1-26
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-27
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-28
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-29
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-30
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-31
Maps and profiles; certificates of proposed line; filing
Sec. 31. Every corporation shall, within a reasonable time aftertheir road shall be located, cause to be made:
First. A map and profile thereof, and of the land taken andobtained for the use thereof, and file the same in the office of thesecretary of state; and also like maps of the parts thereof located indifferent counties, and file the same in the office of the clerk of thecounty in which said parts of said road shall be, there to remain as ofrecord forever.
Second. A certificate specifying the line upon which it is proposedto construct the railroad, and the grades and curves.
(Formerly: Acts 1852, 1RS, c.83, s.33.)
IC 8-4-1-32
Failure to complete road; voiding of corporation
Sec. 32. If any such corporation shall not, within three (3) yearsafter its incorporation, begin the construction of its road, and expendthereon five (5) per cent of the amount of its capital, and finish the
road and put it in full operation in ten (10) years thereafter, its act ofincorporation shall become void.
(Formerly: Acts 1852, 1RS, c.83, s.34.)
IC 8-4-1-33
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-34
Amendment or repeal of chapter
Sec. 34. This chapter may be amended or repealed at thediscretion of the legislature.
(Formerly: Acts 1852, 1RS, c.83, s.37.) As amended by P.L.62-1984,SEC.43.
IC 8-4-1-35
Stockholders; personal liability for labor
Sec. 35. The stockholders shall be individually liable to laborers,their executors, administrators and assigns for all labor done in theconstruction of said road and shall remain unpaid after the assets ofthe corporation shall have been exhausted.
(Formerly: Acts 1852, 1RS, c.83, s.38; Acts 1865(ss), c.25, s.1.)