CHAPTER 10. LATERAL RAILROADS
IC 8-4-10
Chapter 10. Lateral Railroads
IC 8-4-10-1
Authority to construct and operate; eminent domain
Sec. 1. (a) The owner or owners or their lessees of lands, mills,blast-furnaces, quarries, iron ore, coal mines, or other minerals, orother real estate or any company of persons who desire to constructa lateral railroad, not exceeding ten (10) miles in length, may locateand construct the lateral railroad to any other railroad, canal, orslack-water navigation on, over, through, or under any interveninglands. Their engineers, agents, artists, and assistants may enter uponany intervening lands, doing no unnecessary damage, and survey,mark, and lay out a route for the proposed lateral railroad.
(b) A person described in subsection (a) may present a petition tothe circuit court of the county in which the intervening lands aresituated that sets forth the beginning, course, distance, andtermination of the proposed lateral railroad, together with a map orprofile of the route, indicating the excavations and embankments onthe route, and designating, particularly, the name or names of theowner, owners, occupant or occupants, and agent or agents of suchintervening lands, with a particular description of the same. Thepetition must be filed in the court.
(c) After the petition is filed, the court shall appoint:
(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 as viewers. One (1) of the appraisersappointed under subdivision (2) must reside not more than fifty (50)miles from the land.
(d) After five (5) days notice, to be given by the applicant to eachof the owners, occupants, or agents of the intervening lands, of thetime and place, and after being duly sworn to discharge their dutiesfairly and honorably as viewers, the viewers shall view the proposedroute as marked and laid out for the railroad. They, or a majority ofthem, shall assess the damages, if any, that may be sustained by theowners, separately, of the intervening lands by reason of the location,construction, and use of the proposed lateral railroad, and report theassessment in writing to the clerk of the court immediately after theassessments are made. The report shall be filed in the office of theclerk of the court.
(e) If a party does not reject the report within twenty (20) daysafter the filing of the report, by writing on the report "not accepted"and signing the report, the report shall be confirmed by the court. Ifany party rejects the report, the report shall stand for trial.
(f) At trial, the general denial to the petition and report shall betaken as filed, and all matters of defense and reply may be given inevidence under the general denial. The party rejecting the report hasthe affirmative of the issues. The viewers or jury trying the causeshall, in assessing damages, take into consideration the advantagesthat may be derived by the owner or owners of the lands passed on,
over, through, or under by the proposed lateral road by its locationand construction.
(g) Upon the filing of the report by the viewers in the court, thedamages assessed by them shall be paid to the clerk, to be tenderedto the party in whose favor the damages are awarded or assessed.
(h) After payment or tender is made under this section, the person,persons, or company of persons, and their lessees described insubsection (a), may hold and take possession of the interests in theintervening lands or materials appropriated, and the privileges ofusing any materials on the roadway within fifty (50) feet on each sideof the center of the roadway for the use described in subsection (a).
(i) The costs of the assessments by the viewers and the costs incase of trial shall be paid as in other cases.
(Formerly: Acts 1869(ss), c.46, s.1.) As amended by P.L.1-1990,SEC.118; P.L.113-2006, SEC.4.
IC 8-4-10-2
Width of road; route restriction
Sec. 2. Such proposed lateral railroad shall not exceed onehundred (100) feet in width, except where excavations,embankments, or other necessity require it; nor shall the same passthrough any burial ground, place of public worship, or any publicbuilding or dwelling-house without the consent of the owner.
(Formerly: Acts 1869(ss), c.46, s.2.)
IC 8-4-10-3
Adjoining lands; entry to secure materials
Sec. 3. It shall be lawful for any such person or persons, orcompany of persons, their agents or employees, desiring to constructsuch lateral railroad, to enter upon any land near or adjoining thereto,to search for stone, wood, gravel or other materials to be used in theconstruction thereof; but no stone, gravel, wood or other materialsshall be taken from any land, for said purpose, until the rate ofcompensation therefor shall be ascertained and tendered to the ownerthereof; but if the parties can not agree thereon, each party shallchoose a disinterested and reputable freeholder of the neighborhoodwho, if they can not agree, shall choose an umpire of likequalifications who shall, under oath or affirmation, fairly andimpartially estimate the same; and such award shall be final andconclusive.the amount of which said award shall be paid or tenderedto the person or persons entitled thereto, if within the state or known.
(Formerly: Acts 1869(ss), c.46, s.3.)
IC 8-4-10-4
Connections with other roads
Sec. 4. It shall be lawful for any such person or persons orcompany of persons to connect such lateral railroad with any railroador railroads incorporated or to be incorporated in this state, and alsowith any highway or public improvement; provided, that if theparties interested can not agree upon the mode, manner, or point of
connection with such railroad or railroads, the same shall bedetermined in the same manner as the compensation for materialsprescribed in section 3 of this chapter.
(Formerly: Acts 1869(ss), c.46, s.4.) As amended by P.L.62-1984,SEC.56.
IC 8-4-10-5
Sheriff as owner; nonresident, incompetent, or unknown party
Sec. 5. If any of the owners of any intervening lands aforesaidshall be unknown, nonresident, or incompetent to act, then theoccupant of such lands or the agent of such owner shall be deemedand taken to be the owner of such lands; and in case where suchowner or agent is unknown and such lands are unoccupied, then, inall such cases, the sheriff of such county shall be deemed the ownerof such lands for all the purposes contemplated in this chapter, andshall be paid two dollars ($2) per day for every day's service in andabout such matter.
(Formerly: Acts 1869(ss), c.46, s.5.) As amended by P.L.62-1984,SEC.57.
IC 8-4-10-6
Certificate of organization and route description; general powersand duties
Sec. 6. Such person or persons or company of persons, who shalldetermine to construct such lateral railroad, shall make out, underoath a certificate of the name or names of such person or persons, orcompany of persons, setting out the beginning, termination, andlength of said proposed lateral railroad, and file the same in therecorder's office in the county or counties in which said road islocated; and shall have the power and capacity to contract and becontracted with, to sue and to be sued, and generally to exercise suchpowers and perform such acts and duties as may be necessary andproper to carry out the purposes contemplated by this chapter; and incases of sale or assignment, the purchasers, assignees, or lesseesthereof shall file the same in such recorder's office; and suchcertificate of organization, sale, or assignment shall be, by therecorder, recorded in the proper record of his office; and for allservices aforesaid, such recorder shall be entitled to receive fifteencents ($.15) for each one hundred (100) words.
(Formerly: Acts 1869(ss), c.46, s.6.) As amended by P.L.62-1984,SEC.58.
IC 8-4-10-7
Viewers; fee
Sec. 7. The viewers mentioned in this chapter shall each receivetwo dollars ($2) per day for their services, to be paid by saidpetitioners.
(Formerly: Acts 1869(ss), c.46, s.7.) As amended by P.L.62-1984,SEC.59.
IC 8-4-10-8
Construction across highways or roads; prohibition
Sec. 8. It shall be lawful for any such person or persons, orcompany, or owner, or owners, or their lessees as referred to inIC 1971, 8-4-10-1 to construct such lateral railroad across publichighways or roads. This chapter is to apply to all such lateralrailroads and highway or road crossings presently planned, underconstruction, previously constructed, or to be constructed in thefuture. Said person, or persons, or company, or owner, or owners, ortheir lessees, shall comply with all laws or regulations of the State ofIndiana, or any agency thereof, concerning the location, construction,or maintenance of such railroads or crossings of public highways orroads.
(Formerly: Acts 1974, P.L.29, SEC.1.) As amended by P.L.112-1995,SEC.1.