CHAPTER 1. HIGHWAY CROSSINGS

IC 8-6
    ARTICLE 6. RAILROAD CROSSINGS

IC 8-6-1
    Chapter 1. Highway Crossings

IC 8-6-1-1
Investigations; numbering of crossings
    Sec. 1. The Indiana department of transportation (referred to as"the department" in this chapter) shall carefully investigate andexamine all the highway crossings of railroads in this state and tomake or cause to be made files and numbers of the highwaycrossings, so that the crossings may be known and designated bymileposts or otherwise, and referred to and considered, from time totime, as may be necessary to carry out this chapter.
(Formerly: Acts 1913, c.182, s.1.) As amended by P.L.62-1984,SEC.93; P.L.384-1987(ss), SEC.56; P.L.18-1990, SEC.70.

IC 8-6-1-2
Requisite information; forms; investigation
    Sec. 2. The department shall secure from the several companiesowning or operating railroads throughout this state detailed andspecific information concerning the highway crossings along theirlines, outside the corporate limits of cities and incorporated towns inthis state, and, for that purpose, the department shall prepare andsubmit to each of such companies blank forms indicating the variousitems of information concerning such highway crossings upon whichthe department desires to be advised. Such companies shall, withinsix (6) months after the receipt of such blank forms by themrespectively, fill out the same with the complete informationrequested and return to the department a separate blank form so filledout for each such highway crossing, accompanied by a photographof each separate crossing so described. The department shall thenproceed to examine the conditions of each highway crossing andascertain which of the same should, under all the circumstances, beseparated, and, to that end, the department may employ a civilengineer and such expert assistance as is necessary to make suchinvestigation.
(Formerly: Acts 1913, c.182, s.2.) As amended by P.L.384-1987(ss),SEC.57.

IC 8-6-1-3
Surveys and reports
    Sec. 3. The department may require to be made ocular orinstrumental surveys or reports and examinations, as may be deemedexpedient, and the department shall carefully examine and considerthe files, reports, and surveys of each of said highway crossings inthis state, with reference to:
        (1) separation of the grade, the purpose being to separate asrapidly as practicable grade crossings in this state; and        (2) a better location and consolidation of the crossings, thepurpose being to have all crossings at right angles if possible.
(Formerly: Acts 1913, c.182, s.3.) As amended by P.L.384-1987(ss),SEC.58.

IC 8-6-1-4
Hearings on location and construction; orders
    Sec. 4. Whenever the department shall come to the conclusion,whether on account of the topography of the ground at the crossings,or on account of the great number of travelers using any crossing ofa highway and railroad, or for any reason deemed by the departmentto be sufficient, that the grades of such crossing should be separated,and it shall be found practicable to do so, the department shall servewith notice the railroad company or companies, and also serve withnotice the board of commissioners of the county or counties in whichsuch highway crossing is located. Said notice shall set out that thedepartment, on the day named, will consider the matter of separationof the grades at such crossing and the department shall havejurisdiction of the parties and the subject matter in said proceedingsand shall hear and determine the matter. If satisfied that said crossingis dangerous to life and that safety and the accommodation of thepublic requires that the grades be separated, and that it is practicableto separate said grades, the department may so order. The departmentshall, in said order, prescribe the manner in which such separationshall be accomplished. The cost of such separation shall be borneone-fourth (1/4) by the county and counties in which such grade isseparated and three-fourths (3/4) by the railroad company orcompanies, and whenever the department may order any such gradesseparated, it may, if it shall deem it best, relocate or consolidatehighway crossings over railroads, street railroads, interurban streetrailroads, or suburban street railroads in this state, and may relocateor consolidate highways leading to any such crossing. If any of theparties to such proceeding fail or refuse to obey the orders of thedepartment, the department may proceed, in any circuit or superiorcourt of any one (1) of the counties in which said highway crossingmay be located, to enforce its orders. The provisions of this sectionshall not apply to cities of over twenty thousand (20,000) population.
(Formerly: Acts 1913, c.182, s.4; Acts 1915, c.75, s.1.) As amendedby P.L.62-1984, SEC.94; P.L.384-1987(ss), SEC.59; P.L.81-1996,SEC.1.

IC 8-6-1-5
Repealed
    (Repealed by P.L.384-1987(ss), SEC.95.)

IC 8-6-1-6
Maximum or ruling grade; exceeding
    Sec. 6. In any case of grade separation under the provisions of thischapter, no plan shall be adopted by the department or order maderequiring a grade of any railroad track that shall exceed the

established maximum or ruling grade governing the operation of thatdivision or part of the railroad on which separation of grades is to bemade without the consent of the company operating said railroad; norshall the track or tracks of the companies concerned be required tobe placed below high-water mark at the point where such change ismade.
(Formerly: Acts 1913, c.182, s.6.) As amended by P.L.62-1984,SEC.96; P.L.384-1987(ss), SEC.60.

IC 8-6-1-7
Relocation or consolidation of crossings; hearing on establishmentor extension of highway at grade over railroad; construction ofnew railroad
    Sec. 7. (a) Whenever the department finds it best to relocate or toconsolidate highway crossings over railroads in this state, it hasjurisdiction for that purpose, and may serve the board of countycommissioners and the railroad companies with notice, and shallproceed to hear and determine said matters, and thereupon make suchorders as, in the opinion of the department, are necessary to make thesaid relocation or consolidation effective. Such orders shall bebinding upon the parties so served with the notice, and if notobserved by them within the time prescribed in said orders, thedepartment shall proceed as provided in section 4 of this chapter toenforce such orders.
    (b) Whenever it shall be desired to establish or extend a highwayat grade over any railroad in this state, it shall be necessary, beforeestablishing or extending the highway, that the petitioners shall, bya procedure to be prescribed by the department, petition to obtain theauthority of the department under IC 8-6-7.7-3.4. The grant or refusalof authority therefor by the department shall be final and conclusiveexcept as provided in this chapter.
    (c) Whenever it shall be desired by any railroad company toconstruct a new railroad at grade over any public highway orhighways in this state, it shall be necessary for a company, by aprocedure to be prescribed by the department, to petition to obtainthe authority of the department under IC 8-6-7.7-3.4, but it shall notbe necessary to obtain such authority when such new railroad hassecured its rights of way or is under construction. The grant orrefusal of such authority shall be final and conclusive, except asprovided in this chapter. Nothing herein shall prevent the departmentfrom subsequently altering or rescinding any grant or refusal ofauthority to construct such highway or railway, if, in its discretion,such alteration should be made.
(Formerly: Acts 1913, c.182, s.7.) As amended by P.L.62-1984,SEC.97; P.L.384-1987(ss), SEC.61; P.L.81-1996, SEC.2.

IC 8-6-1-8
Number of crossings; determination
    Sec. 8. In determining the number of grade crossings theseparation of which may be required under the provisions of this

chapter, the railroad companies, street railroad, interurban streetrailroad, or suburban street railroad companies operating the lines ofrailway shall alone be considered, whether such lines are operatedunder the ownership of such companies or by lease, operatingcontract or otherwise. The number of miles so operated shall bedetermined by the length of the occupied main track right of way,regardless of the number of tracks operated thereon.
(Formerly: Acts 1913, c.182, s.8.) As amended by P.L.62-1984,SEC.98.

IC 8-6-1-9
Consent to construction
    Sec. 9. No railroad shall construct a railroad across a publichighway at grade outside of the limits of any city or town withoutobtaining the written consent of the department required by section7 of this chapter and by IC 8-6-7.7-3.4.
(Formerly: Acts 1913, c.182, s.10.) As amended by P.L.384-1987(ss),SEC.62; P.L.81-1996, SEC.3.