IC 8-4-29
    Chapter 29. Awards Against Railroad Carriers

IC 8-4-29-1
Complaint or petition; order of commission
    Sec. 1. If, after hearing on a complaint or petition filed with theIndiana department of transportation, the department determines thata party complainant is entitled to an award of damages for theviolation of the laws of this state prescribing the duties and powersof the department, the department shall make an order directing thecarrier to pay to the complainant the sum to which the complainantis entitled, on or before a day named, and stating the sum. No ordershall be made if the carrier has made reparation to the complainantfor the injury alleged to have been done. In connection with damagesor reparation sought for the assessment and collection by a railroadof unreasonable or otherwise improper charges for the transportationof property within Indiana, if the facts material to the question are setforth in written verified statements by the parties involved and thefacts are not in controversy, the department, after investigation andin its discretion, may waive hearing and dispose of the case by order,as provided in this chapter.
(Formerly: Acts 1913, c.273, s.1; Acts 1955, c.176, s.1.) As amendedby P.L.384-1987(ss), SEC.50; P.L.18-1990, SEC.58.

IC 8-4-29-2
Action against carrier
    Sec. 2. If a carrier does not comply with an order for the paymentof money within the time limit in an order, the complainant (or aperson for whose benefit the order was made) may file, in the circuitor superior court of a county into or through which the road of thecarrier runs, a complaint setting forth briefly the causes for which thecomplainant claims damages and the order of the Indiana departmentof transportation in the premises. Such suit shall proceed in allrespects like other civil suits for damages, except that, on the trial ofthe suit, the findings and order of the department shall be prima facieevidence of the facts therein stated, and the complainant, if thecomplainant prevails, shall be allowed a reasonable attorney's fee,collected as a part of the cost of the suit. No proof of the findings andorder of the department shall be required unless the allegations in thecomplaint concerning the same are specially denied by a pleadingunder oath.
(Formerly: Acts 1913, c.273, s.2.) As amended by P.L.384-1987(ss),SEC.51; P.L.18-1990, SEC.59.

IC 8-4-29-3
Limitation of actions
    Sec. 3. All complaints for the recovery of damages shall be filedwith the Indiana department of transportation within two (2) yearsfrom the time the cause of action accrues. A complaint for theenforcement of an order for the payment of money shall be filed in

court within one (1) year from the date of the order.
(Formerly: Acts 1913, c.273, s.3.) As amended by P.L.384-1987(ss),SEC.52; P.L.18-1990, SEC.60.

IC 8-4-29-4
Joinder of parties; service of process
    Sec. 4. (a) In suits filed under this chapter, all parties in whosefavor the Indiana department of transportation may have made anaward for damages by a single order may be joined as plaintiffs, andall the carriers that are parties to the order awarding damages may bejoined as defendants. The suit may be maintained by joint plaintiffsagainst joint defendants in a county where one (1) of the jointplaintiffs could maintain a suit against one (1) of the jointdefendants. Service of process against one (1) of the joint defendantsas may not be found in the county where the suit is brought may bemade in any other county of the state as provided by law.
    (b) In case of a joint suit, the recovery, if any, may be byjudgment in favor of one (1) or more of the plaintiffs against one (1)or more of the defendants found to be liable to the plaintiff orplaintiffs.
(Formerly: Acts 1913, c.273, s.4.) As amended by P.L.384-1987(ss),SEC.53; P.L.18-1990, SEC.61.

IC 8-4-29-5
Cumulative effect of chapter
    Sec. 5. The provisions of this chapter are cumulative to all otherrights and remedies of the parties and all other powers of the Indianadepartment of transportation.
(Formerly: Acts 1913, c.273, s.5.) As amended by P.L.62-1984,SEC.83; P.L.384-1987(ss), SEC.54; P.L.18-1990, SEC.62.