IC 8-4-33
    Chapter 33. Fencing Railroads

IC 8-4-33-1
Time for construction; areas to be enclosed
    Sec. 1. Any railroad corporation, lessee, or assignee or receiver,or other person or corporation, running, controlling, or operating, orthat may after July 18, 1885, construct, build, run, control, oroperate, any railroad into or through this state, shall, not later thanJuly 18, 1886, and within twelve (12) months from the date of theconstruction and completion of any part of a line of road constructedafter July 18, 1885, erect, build, construct, and thereafter maintainfences, which may be constructed of barbed wire, on both sides ofsuch railroad throughout the entire length completed within the stateof Indiana, sufficient and suitable to turn and prevent cattle, horses,mules, sheep, hogs, or other stock from getting on such road, exceptat the crossings of public roads and highways, and within suchportions of cities and incorporated towns and villages as are on orafter July 18, 1885, laid out and platted into lots and blocks, andshall also, in like manner and within the time herein beforeprescribed, construct, where the same has not already been done, andthereafter maintain, at all public road and highway crossings, existingon July 18, 1885, or established after July 18, 1885, barriers andcattle guards suitable and sufficient to prevent cattle, horses, sheep,hogs, and other stock from getting on such railroad; provided,however, when such fences and cattle guards are not made as hereinprovided, or when such fence or cattle guards are not kept in repair,such railroad corporation, or persons operating the same, shall beliable for all damages which may be done by the agents, employees,engineers, or cars of such corporation or person operating the same,to any such cattle, horses, sheep, hogs, or other stock thereon;provided, however, that such railroad corporation or other personoperating the same shall not be required to fence such railroad trackthrough unimproved and uninclosed lands, and the provisions of thischapter shall not apply to such parts and portions of any such railroadwhich runs through unimproved and uninclosed lands, but when suchlands become improved and inclosed on three (3) sides, the sameshall apply, and such railroad corporation or person operating thesame shall be required to fence the same under the provisions of thischapter within six (6) months from the date of such inclosure.
(Formerly: Acts 1885(ss), c.91, s.1.) As amended by P.L.62-1984,SEC.89.

IC 8-4-33-2
Failure of railroad to construct; construction by abuttinglandowner; compelling payment by railroad
    Sec. 2. If such railroad corporation, lessee, assignee, receiver orother person or corporation aforesaid neglect or refuse to constructsuch fence, barriers or cattle-guards as provided in the precedingsection, the owner of any lands abutting on the land or right of way

of said railroad shall have the right (after giving thirty (30) days'notice in writing of his intention so to do, to be served upon thenearest freight receiving and shipping agent employed by thecompany or person controlling and operating said railroad), to enterupon the land, right of way and track of said railroad, and may build,erect and construct such fences, barriers and cattle-guards as thereinprovided for, so far as the lands of such landowner abuts on the landand right of way of such railroad, and when he has completed thesame, he may present for payment to the agent of such corporationor person controlling and operating such road at the nearest shippingstation to the tract of land so fenced, an itemized statement, verifiedby the affidavit of such person, or his agent, of the expenses thereof,including material and labor, and if such corporation or person sooperating said road neglects or refuses for sixty (60) days to pay saidaccount, such landowner may recover, in any court of competentjurisdiction, the reasonable value of such fence, barrier andcattle-guards from said corporation or person operating the same,together with reasonable attorney's fees: Provided, however, If suchrailroad corporation or other person operating the same, so liable forthe value of such fence, cattle-guards and barriers, shall, within saidsixty (60) days, make a tender of a sum of money to such person insatisfaction of such claim or liability against such corporation orperson, and such person to whom such tender is made shall refuse toaccept the same in satisfaction of such claim, and shall sue for therecovery of the value of such fence, barriers and cattle-guards, andshall not recover more than the amount so tendered, he shall not insuch action recover attorney's fees.
(Formerly: Acts 1885(ss), c.91, s.2.)

IC 8-4-33-3
Maintenance and repair
    Sec. 3. When such fence, barrier and cattle-guards are completed,such railroad corporation, lessee, assignee, receiver or other personor corporation operating and controlling the same shall keep thesame in good repair and sufficient to answer the purposes for whichconstructed, and if any such corporation, lessee, assignee, receiver orother person or corporation shall permit any part of the fence, barrieror cattle-guards to get out of repair so that it will not turn cattle,horses, mules, sheep, hogs or other stock, the owner of the landabutting upon the land or right of way of such railroad may notify theagent, in writing, for receiving and shipping freight at the stationnearest the tract of land so owned by such person, that a portion ofthe fence is out of repair, stating where the same is out of repair, andthe probable cost of making such repair, and if such railroadcorporation, lessee, assignee, receiver or other person or corporationshall fail, for thirty (30) days, to make or commence such repairs,such abutting landowner shall have the right to enter upon the land,right of way and railroad track, and make such repairs, and shallfurnish a sworn itemized account of the cost of such repairs,including the material necessarily used and the labor, to the agent

aforesaid, and if such bill is not paid within sixty (60) days from thetime the same was so furnished to such agent, the said party somaking such repairs may recover the reasonable value of such repairsso made from such railroad corporation, lessee, assignee, receiver, orother person or corporation so controlling and operating the same,together with reasonable attorney's fees: Provided, That in case thesaid railroad corporation or person operating the same, liable forsuch repairs, shall, within said sixty (60) days, tender to such personso making such repairs a sum of money in satisfaction of such repairsmade by him, and such person shall refuse to accept the same, andshall sue for the recovery of the value of such repairs, and shall notrecover more than was so tendered, he shall not recover attorney'sfees in such suit.
(Formerly: Acts 1885(ss), c.91, s.3.)

IC 8-4-33-4
Liability for stock killed or injured
    Sec. 4. Nothing in this chapter contained shall in any manneraffect or change the liability of railroad corporations, or of theassignees, lessees, or receivers of such corporations, for stock killedor injured upon their railroads; but such liability shall exist and begoverned as if this chapter had never been enacted.
(Formerly: Acts 1885(ss), c.91, s.4.) As amended by P.L.62-1984,SEC.90.

IC 8-4-33-5
Farm crossings; constructing gates and bars
    Sec. 5. All gates and bars at farm crossings, shall, in the absenceof a contract or agreement to the contrary, be constructed andmaintained and kept closed by the owner of such farm crossing.
(Formerly: Acts 1885(ss), c.91, s.5.)