IC 8-6-12
    Chapter 12. Repair of Railroad Grade Crossings by LocalGovernment

IC 8-6-12-1
Suit to collect municipal expenses; collection by special taxduplicate
    Sec. 1. (a) Each railroad company whose road or tracks lie in anypublic street, road, or alley in any city, town, or county shall properlygrade, plank, gravel, or asphalt the road and tracks in accordancewith the grade and surfacing material of the public street, road, oralley in such a manner as to afford security for life and property ofpersons and vehicles using the public streets, roads, or alleys.
    (b) If a railroad company fails to comply with the provisions ofthis section, the city, town, or county in which the public street, road,or alley is located may, after thirty (30) days written notice to thesuperintendent or regional engineer of railroad company, do the workand either:
        (1) recover the amount of the cost thereof from the railroadcompany by suit filed in any court of competent jurisdiction, inwhich case the city, town or county may collect reasonableattorney fees; or
        (2) certify the amount owed to the county auditor who shallprepare a special tax duplicate to be collected and settled for bythe county treasurer in the same manner and at the same time asproperty taxes are collected;
provided, that before the municipal corporation, city, town, or countyshall undertake to do the work themselves they shall notify an agentof the railroad as to the time and place.
(Formerly: Acts 1969, c.174, s.1.) As amended by P.L.62-1984,SEC.103.

IC 8-6-12-2
Improvement order; repair of street occupied by rails of railroador street railroad; failure to comply; assessment of costs; collection
    Sec. 2. The board of public works or board of public works andsafety of a city or town legislative body may issue a writtenimprovement order requiring that any railroad, interurban, orinterurban street railroad undertake to repair or improve that portionof the street occupied by its track, including the space between therails, the space between the tracks if there is more than one (1) track,and the space to the end of its ties in width on the outside of saidrails. The written improvement order shall be given by the board orbody to the railroad, interurban, or interurban street railroadcompany and must allow the railroad company thirty (30) days inwhich to commence the repairs or improvement. If the railroadcompany fails to commence the work within the thirty (30) dayperiod, then the board or body may have the repairs or improvementsmade and shall assess the cost against the railroad company, to becollected in the same manner as assessments for other public

improvements are collected. The board or body may certify theamount owed to the clerk of the circuit court, where the amountcertified shall be entered by the clerk upon the judgment docket inthe clerk's office, whereupon it has the same force as a judgmentpronounced in the circuit court of the county and is subject toexecution in the same manner as any other judgment for money.
As added by Acts 1981, P.L.11, SEC.49. Amended by P.L.8-1989,SEC.51.