IC 8-6-2.1
    Chapter 2.1. Railroad Grade Crossing Separations

IC 8-6-2.1-1
Separation or alteration of grade levels of public highway
    Sec. 1. The board of public works or board of public works andsafety, referred to in this chapter as the board, of a city may, byresolution, require the separation or alteration of the grade levels ofany public highway in the city and of any railroad crossing the publichighway, either by carrying the public highway under or over therailroad, or by carrying the railroad under or over the publichighway, or by any combination of these means.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-2
Agreements for removal of railroad facilities; relocation andreconstruction of facilities
    Sec. 2. The board may enter into an agreement or agreements withany railroad company for the removal of any track, roadbed, yard,station or other railroad facilities, and provide for the relocation andreconstruction of those facilities or any part of them if the boarddetermines it necessary in connection with an improvement toprovide for the abandonment for railroad purposes of anyright-of-way, land or other property owned and used or occupied forrailroad purposes by any railroad company.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-3
State highway commission powers
    Sec. 3. (a) The Indiana state highway commission shall participatein the proceedings and in the cost of any improvements madepursuant to the proceedings provided for by this chapter if anyimprovements involve a highway which is part of the state highwaysystem or a street or highway selected by the Indiana state highwaycommission as a route of a highway in the state highway system.
    (b) If the Indiana state highway commission participates in anyproceedings as set out in this chapter and in the cost of improvementsmade pursuant to the proceedings, the county in which the city islocated shall also participate in the proceedings and in the cost of anyimprovements that are made pursuant to the proceedings.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-4
Preparation of maps and plans
    Sec. 4. (a) Whenever the board of any city determines that publicnecessity and convenience require the separation or alteration of thegrade of any highway and any railroad at their intersection in thecity, it shall order the preparation of general maps, and plans andspecifications comprehending all work and changes necessary orincidental to the improvement, including the opening, widening,

change, vacation, elevation, depression or reconstruction of anyhighway, and the elevation, depression, removal, relocation,construction or reconstruction of the track, roadbed, yards, station,or other facilities of any railroad, and also a description of all lands,rights-of-way and other property necessary to be acquired inconnection with the improvement, and the manner in which they areto be acquired, whether by purchase or by appropriation, togetherwith an estimate of the total cost to be incurred in connection withthe improvement, as the total cost is defined by this chapter.
    (b) If the maps, plans and specifications provide for theabandonment for railroad purposes of any right-of-way, land or otherproperty owned or used or occupied for railroad purposes by anyrailroad company, and the removal of any track, roadbed, yard,station or other facilities, requires the relocation and reconstructionof the facilities, or any part of them, the board, prior to the adoptionof the resolution for the improvement, shall enter into an agreementor agreements with the railroad company affected, for adjustment ofthe costs and losses occasioned by the removal, relocation andreconstruction, and the value of all the property abandoned forrailroad purposes and reclaimed for other uses, the apportionment ofthe adjusted costs, losses and values between the railroads affectedand the city, and other matters necessarily related.
    (c) Cost adjustments required by this chapter are governed byIC 8-6-3, the provisions of which are incorporated in this chapter byreference.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-5
Parties to agreements; submission of specifications, maps, andplans; approval
    Sec. 5. (a) If the Indiana state highway commission and the countyin which the city is located participate in the proceedings, the Indianastate highway commission and the county shall become parties to theagreement, and the agreement or agreements shall be included in andbe a part of the resolution for the improvement and shall be subjectto the final confirmation, or modification and confirmation, orrescission of the resolution, but no modification of the agreement oragreements shall be effective without the written consent of therailroad company affected; and the consent shall be filed with theboard.
    (b) The maps, plans and specifications shall be submitted by theengineer selected by the board to the Indiana state highwaycommission and to the board of commissioners of the county inwhich the city is located, and if the maps, plans and specificationsmeet the approval of the Indiana state highway commission and theboard of commissioners, the approval shall be endorsed in writing onthe documents.
    (c) No further proceedings may be had pursuant to this chapteruntil the general maps, plans and specifications have been approvedby the Indiana state highway commission and the board of

commissioners of the county.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-6
Filing of maps, plans, and specifications; resolution; inspection
    Sec. 6. (a) After the general maps, plans and specifications areapproved by the Indiana state highway commission and the board ofcommissioners of the county, they shall be filed with the board bythe engineer. The board shall then adopt a resolution ordering theseparation or alteration of grades or relocation and reconstruction ofthe facilities, or any part of them, as provided for in the maps, plans,specifications and agreements and ordering the acquisition of theproperty described within, and adopting all maps, plans,specifications, agreements, descriptions and the estimate of cost,allocating the portions of work to be done by the various parties,prescribing the time within which the several portions of the workshall be done, and declaring that the improvement provided for willbe of public necessity and convenience.
    (b) The resolution, including all maps, plans, specifications,agreements, descriptions and estimate, shall be open to inspection atthe office of the board by all persons interested in or affected bythem.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-7
Acquisition of property; cost agreements
    Sec. 7. (a) For the purposes of this chapter, the board may acquire,or order to be acquired, lands, rights-of-way and other propertywithin the city and within five (5) miles outside the corporate limitsof the city. All lands, rights-of-way and other property necessary tobe acquired in connection with the improvement may be acquired bythe board in the name of the city, or the board may, in the resolution,order and require the railroad to acquire any portion of the same aswill permanently be occupied or used by the railroad. In the latterevent, the railroad shall acquire the lands, rights-of-way, or otherproperty specified in the resolution, either by purchase or byappropriation in the manner prescribed by statute.
    (b) If the work and changes provided for in the maps, plans andspecifications adopted in the resolution affects the tracks or otherfacilities of more than one (1) railroad company, the railroadcompanies affected may, prior to the final confirmation of theresolution, file with the board their written agreement allocatingbetween the companies the cost to be borne by each of themrespectively.
    (c) If the railroad companies fail to enter into a cost agreement,the board shall incorporate in the resolution, before finalconfirmation, a provision fixing the relative amount of costs to beborne as between the railroad companies.
As added by Acts 1980, P.L.8, SEC.70.
IC 8-6-2.1-8
Clearance and grade
    Sec. 8. Where the highway is carried over the railroad, or whereone (1) railroad is carried over another railroad, the clearance fromthe top of the railroad track to the bottom of the superstructure overthe track must be at least twenty-two (22) feet. The plans for theimprovement shall not require a permanent grade of any main linerailroad track to exceed three-tenths of one percent (.3%) unless agreater grade is agreed upon by the railroad company affected.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-9
Notice of adoption of resolution or alteration of grade;remonstrances
    Sec. 9. (a) Upon the adoption of the resolution for separation oralteration of grades, the board shall cause notice of the adoption andintention, and of the fact that the maps, plans, specifications,agreements and estimates have been prepared and can be inspected,to be published in accordance with IC 5-3-1. The notice shall namea day not less than twenty (20) days after the date of the lastpublication on which the board will receive or hear remonstrancesfrom persons interested in or affected by the proceedings, and whenit will determine the public necessity and convenience of the project.
    (b) A like notice shall be sent by mail to the owners of all landsto be appropriated under and by the resolution, and in case anylandowner is a nonresident and his place of residence is known, alike notice shall be mailed to him, but in event the nonresidentowner's residence is unknown by the board, then he is considered tohave been notified of the pendency of the proceedings by thepublication of notice. A like notice shall also be served on a residentagent or officer of any railroad company or street railway companywhose tracks are affected by the proceeding, but failure to serve thenotice shall not invalidate the jurisdiction of the board in thepremises.
    (c) If the Indiana state highway commission and the county inwhich the city is located participate in the proceedings, then a likenotice shall be served upon the state highway commission and uponthe board of commissioners of the county.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-10
Parties aggrieved
    Sec. 10. All persons affected in any manner by the proceedings,including all owners of real or personal property in the city, areconsidered to be notified of the pendency of the proceedings, and ofall subsequent acts, hearings, adjournments, resolutions and ordersof the board, by the original notice by publication. In the resolutionand notice, separate descriptions of each piece or parcel of land arenot required, but it is sufficient to describe the property to bepurchased or appropriated by giving a description of the entire track

by metes and bounds, whether the track is composed of one (1) ormore lots or parcels, and whether owned by one (1) or more persons.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-11
Options to purchase land; appraisals
    Sec. 11. (a) When the land or any part of it is to be acquired bypurchase, the resolution shall also state the maximum proposed cost,and the board may at any time prior to the adoption of the resolutionobtain from the owner or owners of the land an option for itspurchase, or the board may enter into a contract for the purchase ofthe land upon the terms and conditions the board considers best. Theoption or contract is subject to final confirmation or rescission of theresolution, and subject further to the condition that the land be paidfor only out of the special fund resulting from the sale of gradeseparation district bonds and the collection of benefit assessments,or out of funds coming to the city from equitable settlements betweenthe parties. If the board desires to acquire any lots or parcels of landby purchase, it shall appoint:
        (1) one (1) freeholder residing in the city, or in the county inwhich the city is located; and
        (2) two (2) appraisers licensed under IC 25-34.1;
who are residents of Indiana, who are not interested in any land to beacquired or in land which may incur local benefits under suchresolution, to appraise the value of the land. One (1) of the appraisersappointed under subdivision (2) must reside not more than fifty (50)miles from the property. The appraisers shall take an oath that theyhave no interest in the matter and that they will honestly andimpartially make the valuation. The appraisers shall then proceed toview the land and consider and determine its true market value at thattime.
    (b) The appraisers shall submit a written report of theirappraisement to the board and the report shall be filed with andbecome a part of the record of the proceeding. The board may notexercise any option on the land or enter into a contract to purchasethe land at a higher price than the value named in the report.
As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.113-2006,SEC.6.

IC 8-6-2.1-12
Title to acquired property
    Sec. 12. The title to any lands, rights-of-way or other propertyacquired under and pursuant to the resolution, whether by purchaseor by appropriation, shall not vest in the city until they are paid forout of the special fund created by the sale of bonds and from benefitassessments, or out of funds coming to the city from equitablesettlements between the parties. No indebtedness or obligation of anykind may be incurred by the city in its corporate capacity on accountof the acquiring of any lands, rights-of-way or other property.
As added by Acts 1980, P.L.8, SEC.70.
IC 8-6-2.1-13
Remonstrances; appeals
    Sec. 13. (a) At the time fixed for the hearing, or at any time priorto that, any owner of land, right-of-way or other property to beappropriated under the resolution, and any railroad company orcompanies, any street railway company, and any person owning realor personal property situated within the city, may file a writtenremonstrance with the board.
    (b) At the hearing, which may be adjourned from time to time, theboard shall hear all persons interested in the proceedings andconsider all remonstrances that have been filed, and after consideringthem, the board shall take final action and determine the publicnecessity and convenience of the proposed improvement, andconfirm, or modify and confirm, or rescind the resolution. The finalaction shall be duly entered of record, and is conclusive upon allpersons, except as provided in sections 4 through 8 of this chapter.Any person who has remonstrated in writing and who is aggrieved bythe decision of the board may take an appeal to the circuit court inthe county in which the city is located.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-14
Filing of order and bond; hearing
    Sec. 14. Within twenty (20) days after the final action of theboard, the remonstrator may file in the office of the clerk of thecircuit court a copy of the order of the board, not including, unlesshe so desires, the maps, plans and specifications, and hisremonstrance to them, together with his bond conditioned to pay thecost of the appeal if it is determined against him. All appeals shall beconsolidated and heard as one (1) cause of action by the court, andthe burden of proof is upon the remonstrators. The cause shall betried and determined summarily by the court without the interventionof a jury, as other civil causes, and shall be given precedence overother matters pending in the court. Upon the trial of the cause, thecourt shall hear evidence upon the remonstrances and shall confirmthe final action of the board on the resolution, or sustain theremonstrance or remonstrances to them, and the court may remandthe resolution for further proceedings. If the resolution is confirmedthe judgment of the court is conclusive upon all parties, and noappeal lies from the judgment.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-15
Agreements concerning planning and completion of work projects
    Sec. 15. The city, by its board of public works or board of publicworks and safety, the Indiana state highway commission, the countyin which the city is located, by its board of commissioners, and therailroad company or companies whose track or tracks theimprovement authorized in this chapter concern, may enter into awritten agreement as to the plan of proceeding with the work, the

allocation of the portions to be done by the respective parties, thedivision of cost between railroads, the amount of work to be doneannually, the time within which the entire work is to be completed,the method and times of making equitable settlements of the costbetween the parties, and any other matters tending to expedite theefficient and economical completion of the improvement. Theagreement, however, may not have the effect of increasing the totalcost of the improvement above the estimate. The agreement shall befiled with the board and considered a part of the resolution andconstitutes the basis of all proceedings on the matters embraced inthe agreement.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-16
Costs to be borne by parties in interest
    Sec. 16. (a) The total cost of the improvement to be borne by allthe parties in interest includes the following:
        (1) The cost of constructing the grade elimination structure andthe cost of raising or lowering the grade, or other alteration ofany public highway, the construction or reconstruction of thepavement, including sidewalks and curbs, and the alteration,relocation and construction of drains or sewers required by theimprovement.
        (2) The cost of elevation, depression, alteration, removal,relocation, construction and reconstruction of any railroad trackor tracks and other facilities within or without the city.
        (3) The cost of any land, right-of-way, or other propertyrequired for the improvement.
        (4) The amount of damages, if any, recoverable under law byany person due to the improvement.
        (5) The compensation for services of the special engineer andadditional engineering force, and of special counsel, if any,employed by the board, all of whom the board may employ.
        (6) The cost of supervision and inspection, the giving ofnotices, and all other expense necessarily incurred by the boardin connection with the proceedings and improvement.
    (b) The total cost to be borne by all the parties in interest does notinclude the expense of opening new or additional highways, or theexpense of establishing additional lanes of traffic to any highways,or the expense of providing rights-of-way or other facilities whichrepresent an enlargement of or betterments to the facilities of anyrailroad affected by the improvement.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-17
Agreements fixing cost of improvements borne by parties ininterest
    Sec. 17. (a) The total cost of the improvement shall be borne byall of the parties in interest, in accordance with a written agreementor written agreements to be entered into by all the parties, fixing the

portion of the total cost to be borne by each party subject, however,to the cost formula requirements set forth in section 4 of this chapter.The total cost shall be divided among and paid by the parties inaccordance with the agreement or agreements. The portion of thetotal cost to be borne by the city does not constitute an indebtednessor obligation of the city in its corporate capacity, but shall be payableonly out of special taxes and benefit assessments as provided by thischapter.
    (b) The Indiana state highway commission, any city affected bythis chapter and the county in which the city is located, may eachrespectively enter into a written agreement or written agreements.
    (c) The agreement or agreements shall be executed on behalf ofthe Indiana state highway commission by the members of it and shallbe binding upon the Indiana state highway commission. Theagreement or agreements shall be executed on behalf of the city bythe board and shall be binding on the city. The agreement oragreements shall be executed on behalf of the county by the board ofcounty commissioners and shall be binding on the county.
    (d) To the extent that funds of any federal agency may beavailable to the Indiana state highway commission for use in payingany portion of the total cost which may be chargeable to or assumedby the Indiana state highway commission, the Indiana state highwaycommission may use the federal funds, if permitted by applicablefederal laws, for the payment of the cost or any portion of it, or forthe payment of all or any portion of either the city's or county's shareof the cost; or the Indiana state highway commission may use thefederal funds for any combination of these purposes. The board mayapply for, accept, and use grants, loans or other financial assistancefrom any municipal, county, state, or federal government agency. Tothe extent any funds of any federal agency may be available to thecity or the county for use in paying the costs, the city and county mayuse the federal funds, if permitted by applicable federal laws, for thepayment of any portion of the cost which is chargeable to or assumedby the city and county.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-18
Contracts; bidding; validity of proceedings and orders of boardand contract
    Sec. 18. Any portion or portions of the work of improvementunder the resolution which is allotted to the city shall be done bycontract or contracts, and all contracts shall be let under statutesgoverning the letting of contracts by the city. In event of theexecution of a contract for the work, the validity of the contract maynot subsequently be questioned by any person, except in a suit toenjoin the performance of the contract instituted within ten (10) daysafter its execution. All proceedings and orders of the boardpreliminary and prior to the contract, and the contract, are consideredvalid, conclusive and binding upon all persons and are not subject toattack for any cause after the ten (10) day period after its execution

has expired.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-19
Warrants
    Sec. 19. Any part of the city's portion of the total cost of theimprovement which is necessary for the city to pay prior to thecollection of benefit assessments under this chapter and prior to theissue and sale of bonds under this chapter, shall be paid as follows:the board shall, from time to time, certify the items of expense to thecontroller or clerk-treasurer, directing him to pay those amounts, andthe controller or clerk-treasurer shall draw his warrant or warrants,and the warrant or warrants shall be paid out of the general fund ofthe city without appropriation being made by the common council;or, in case there is no money in the general fund of the city nototherwise appropriated, the city controller or clerk-treasurer shallrecommend to the common council the temporary transfer from otherfunds of the city a sufficient amount to meet the items of expense, orthe making of a temporary loan for this purpose, and the commoncouncil shall at once make the transfer of funds, or authorize thetemporary loan in the same manner that other temporary loans aremade by the city. The fund or funds of the city from which thepayments are made shall be fully reimbursed and repaid by the boardout of the special fund created by the sale of bonds and from benefitassessments or out of funds coming to the city from equitablesettlements between the parties. The board may cause the amount forthe temporary advancements on work to be provided for in thebudget and tax levy of the city for the year when the funds areanticipated to be needed.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-20
Accounting of improvement costs and disbursements; paymentsand adjustments
    Sec. 20. (a) The board, through its engineer, shall keep an accountof the total cost of the improvement, of all disbursements madeduring the course of the work, and of all equitable settlementsbetween the parties contributing to the cost; but the total cost maynot exceed the estimate adopted in the resolution.
    (b) From time to time during the progress of the work, and uponcompletion of the improvement, the board shall make and adjustequitable settlements and payments between the parties contributingto the cost of the improvement so that the total cost of theimprovement is apportioned between the parties as determined by theboard consistent with this chapter.
    (c) The equitable settlements and payments shall be made by theboard, either on its own initiative or on petition of any railroadcompany charged with the work or any part of the work, or onpetition of either the Indiana state highway commission or of thecounty in which the city is located, if the Indiana state highway

commission and the county participate in the cost of theimprovement.
    (d) Any adjustment or adjustments are binding on all of the partiesunless any aggrieved party, within sixty (60) days after the entry ofan order of equitable settlement made by the board, files hiscomplaint to review the adjustment in the circuit court of the countyin which the city is located. The decree of the court is final. Therailroad company or companies, shall, upon the adjustment or decree,pay their portions of the cost as directed. The Indiana state highwaycommission shall, upon the adjustment or decree, pay its portion ofthe costs as directed, and the payment shall be made out of the fundsof the commission or funds appropriated for the use of thecommission. The county council of the county in which the city islocated shall provide sufficient funds to pay the county's share of thecost of the improvement, either by appropriating the necessaryamount of money from available funds on hand, or by the sale ofbonds. Upon each adjustment or decree, the county in which the cityis located shall pay the county's portion of the cost as directed by theadjustment or decree out of the funds provided by the county council.Upon each adjustment or decree, the city controller or clerk-treasurershall draw his warrant or warrants in payment of the city's portion ofthe cost.
    (e) All warrants may be drawn only against the special fundarising from the special tax and special assessments provided for inthis chapter and from equitable settlements.
    (f) The board may adopt supplemental resolutions and enterorders from time to time as necessary to carry out the purpose of theresolution.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-21
Special tax; taxing district
    Sec. 21. (a) Upon final action of the board or circuit court,confirming the resolution, all territory lying within the corporatelimits of the city shall become a special taxing district for gradeseparation and railroad relocation and reconstruction purposes, andall property, real and personal, located within the territorial limits ofthe district shall be subject to a special tax for the purpose ofproviding funds to pay the city's portion of the total cost of theimprovement.
    (b) The special tax shall constitute the amount of benefitsresulting to all of the property from the proceedings, and shall belevied in the manner provided for by this chapter. If the boarddetermines that any lots or parcels of land, exclusive ofimprovements, lying within two thousand (2,000) feet of any gradecrossing eliminated or altered by the improvement, or within twothousand (2,000) feet of any lands or rights-of-way abandoned forrailroad use or from which railroad facilities are to be removed, willincur a particular benefit by reason of their proximity in addition tothe benefits received by them in common with all other property

located in the district, those lots and parcels of land which lie withinthe corporate limits of the city shall be subject to a specialassessment for the benefits.
    (c) The special assessment shall be determined in accordance withthis chapter, but the total amount of the additional benefits assessedshall not in any case exceed forty percent (40%) of the city's share ofthe total cost of the improvement; and the total amount of theadditional benefits assessed and finally confirmed or adjudgedagainst lots and parcels of land exclusive of improvements lyingwithin two thousand (2,000) feet shall be deducted from the city'sshare of the total cost and the balance of the city's share of the totalcost, is the amount of the benefits resulting to all property in thespecial taxing district, and the special tax shall be levied only for thisbalance. Any lot or parcel of land owned and used or occupied forrailroad purposes at the time of the adoption of any resolution by anyrailroad company whose tracks are affected by the resolution, or anylot or parcel of land devoted to railroad purposes in connection withand because of the improvement, is not subject to any specialassessment for the particular benefits.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-22
Roll of owners of property sought to be taken
    Sec. 22. When the resolution is finally confirmed by the board,the board shall require the preparation of a roll of all the owners orholders of property sought to be taken, or who have incurreddamages, and also of all of the owners or holders of lots or parcels ofland lying within two thousand (2,000) feet of any grade crossingeliminated or altered by the improvement or within two thousand(2,000) feet of any lands or rights-of-way abandoned in whole or inpart for railroad use or from which railroad facilities are to beremoved, which will incur a particular benefit, as provided in section21 of this chapter, from the grade separation or alteration andrailroad relocation as provided for in the resolution. In addition to thelist of names, the roll should show with reasonable certainty adescription of the property to be appropriated, or affected eitherinjuriously or beneficially, belonging to that person, and no greatercertainty in names and description is necessary to the validity of anyaward or assessment than is required in the assessment of taxes.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-23
Determination of damages; publication of notice of landappropriated, character of improvement, and preliminary awards;remonstrances; irregularities in proceedings
    Sec. 23. (a) Upon the completion of the roll, the board shallconsider, determine and award the amount of damages sustained bythe owners of the several parcels of land required to be appropriated,if any, as provided for in the resolution, or which will incur damages,and, then the board shall consider, determine and assess the amount

of particular benefits which will accrue to the several lots or parcelsof land, exclusive of improvements, lying within two thousand(2,000) feet of any grade crossing eliminated or altered by theimprovement, or within two thousand (2,000) feet of any lands orrights-of-way abandoned in whole or in part for railroad use or fromwhich railroad facilities are to be removed, as provided for in theresolution, by reason of their proximity, in addition to the benefitsreceived by the lots or parcels of land in common with all property,real and personal, located in the district. The total amount of theparticular benefits assessed against the lots and parcels of land,exclusive of improvements, located within the two thousand (2,000)feet, may not in any case exceed forty percent (40%) of the city'sshare of the total cost of the grade separation improvement.
    (b) When the roll is completed, the board shall publish, inaccordance with IC 5-3-1, a notice describing the location of the landappropriated and the general character of the improvement, andstating whether assessments have been made against lands within thetwo thousand (2,000) foot distance. The notice shall also state thatthe assessment roll, with the names of the owners in favor of whomdamages have been awarded and against whom assessments havebeen made, and descriptions of property affected, with the amountsof preliminary awards or assessments as to each piece or parcel ofproperty affected, is on file and can be seen in the office of theboard. The board shall also send by United States mail a notice to theplace of residence, if known, of persons owning lands to be taken, orincurring damages, or against which special assessments have beenmade, showing each item of the determination as to those persons. Incase any person affected is a nonresident, or his residence isunknown, he is considered to have been notified by the publication.The notices shall name a day not earlier than ten (10) days after thelast date of publication, or after the date of mailing, as aboveprovided, on which the board will receive and hear remonstrancesfrom persons with regard to the amount of their respective awards orassessments. Persons not included in the roll of awards or damagesand claiming to be entitled to the same are considered to have beennotified of the pendency of the proceedings by the original notice ofthe resolution of the board and by the publication required by thissection.
    (c) If there are defects or irregularities of any kind in theproceedings with respect to one (1) or more interested persons, theydo not affect the proceedings, except so far as they may affect theinterest or property of the person or persons, and do not avail anyother person. In case of any defect, supplementary proceedings of thesame general character as those otherwise prescribed by this chaptermay be instituted in order to correct the defect.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-24
Interests of mentally incompetent persons or infants; guardianship
    Sec. 24. If any person having an interest in land affected by the

proceedings is mentally incompetent or under the age of eighteen(18) years, the board shall certify that fact to its attorney. Theattorney shall apply to the proper court and secure the appointmentof a guardian for the person under eighteen (18) years of age ormentally incompetent person. The board shall give notice to theguardian, who shall appear and protect the interest of the protectedperson. If the person under eighteen (18) years of age or mentallyincompetent person already has a guardian, the notice shall be servedupon the guardian. The requisites of notice to the guardian shall bethe same as for other notices.
As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.33-1989,SEC.8.

IC 8-6-2.1-25
Appearance by remonstrators; appeals
    Sec. 25. Any person notified or considered to be notified underthis chapter may appear before the board on the day fixed for hearingthe remonstrances with regard to awards and assessments, andremonstrate in writing against them. All persons appearing before theboard having an interest in the proceedings shall be given a hearing.After the remonstrances have been received and the hearings had, theboard shall either sustain or modify, by increasing or decreasing, theawards or assessments. Any person remonstrating in writing who isaggrieved by the decision of the board may, within ten (10) daysafter the decision is made, take an appeal to the circuit court of thecounty in which the city is located. The appeal affects only theamount of the assessment or award of the person appealing.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-26
Procedure on appeal
    Sec. 26. (a) The appeal shall be taken by filing an originalcomplaint in the circuit court of the county in which the city islocated against the board within the time named, setting forth theaction of the board in respect to the assessment or award, and statingthe facts relied upon as showing an error of the board. The courtshall rehear the matter of the assessment or award de novo, andconfirm, lower or increase the amount. The cause shall be summarilytried by the court without the intervention of a jury, as in other civilcases. A change of venue from the county may not be taken.
    (b) All remonstrances upon which an appeal is taken may beconsolidated and heard as one (1) cause of action, and all the appealsshall be heard and determined by the court within thirty (30) daysafter the time of filing of the appeal. If the court reduces the amountof benefit assessed against the land of the property owner by tenpercent (10%) or more of the assessment by the board, or increasesthe amount of the damages awarded in his favor by ten percent (10%)or more of the amount awarded by the board, the plaintiff in theappeal shall recover costs, otherwise not.
    (c) The amount of the judgment in the court shall be final, and no

appeal may be taken. However, any party in interest may take anappeal from the judgment to the supreme court of Indiana, upon thesole ground that the property in question has or has not incurreddamages recoverable under law.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-27
Assessment liens; payment; tax exemption
    Sec. 27. (a) The assessment roll, upon final confirmation by theboard, shall be delivered to the controller or clerk-treasurer, and fromthat time the respective amounts of benefits assessed shall severallybe liens, superior to all other liens except taxes, against therespective lots or parcels of land upon which they are assessed. Theduties of the controller or clerk-treasurer are those prescribed bystatute in cities with regard to assessments for street improvements.
    (b) The assessments of benefits are due and payable to thecontroller or clerk-treasurer from the time of the delivery of theassessment roll to him. If not paid within thirty (30) days, the board'sattorney shall proceed to foreclose the liens in a court as mortgagesare foreclosed with similar rights of redemption, and have them soldto pay the assessments. The board shall recover costs with reasonableattorney's fees and interest at the rate of six percent (6%) per annum.
    (c) In all cases where the party against whom the assessment ismade is a resident of the city, a notice of the assessment and demandfor payment shall be delivered to him personally or mailed to his lastusual place of residence. All persons assessed for local benefits may,within thirty (30) days after the confirmation of the assessments,avail themselves of the right to pay the assessment installments in thesame manner as provided for the payment of assessments for streetimprovements in cities, except that the board may provide that theinstallments may be extended over a period of twenty (20) years,which privilege shall also be stated in the notice.
    (d) Statutes relating to the payment of street improvementassessments by installments, the issuance of bonds and coupons toanticipate assessments, and the rights of bondholders andlandowners, when not inconsistent with this chapter, shall apply andbe extended to assessments made under this chapter. Whenassessment bonds are issued, the city controller or clerk-treasurershall sell the bonds promptly in the same manner and upon the samenotice conditions as grade separation district bonds are authorized tobe sold as provided in section 29 of this chapter, and the proceedsshall be kept in a separate fund as provided for in section 30 of thischapter. The assessment bonds shall be exempt from taxation for allpurposes. All interest and penalties on delinquencies shall go into thespecial fund.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-28
Payment of damages
    Sec. 28. (a) The board, upon the completion of the award of

damages, if any, or upon the determination of the appeals taken, shallmake out certificates for the proper amounts and in favor of theproper persons. Presentation of the certificates to the city controlleror clerk-treasurer of the city entitles those persons to a warrant drawnon the city treasury. The controller or clerk-treasurer shall pay thepersons named the amounts due them respectively, as shown by thecertificates, out of the separate and specific funds derived from thesale of bonds and from benefit assessments provided for in section30 of this chapter, or out of funds coming from equitable settlementsbetween the parties, and these payments may not be made from anyother source or funds.
    (b) The certificates or vouchers shall, whenever practical, betendered actually to the person entitled to them, but where this isimpractical, they shall be kept for the persons in the office of theboard, and the making and filing of the certificates, in all cases, isconsidered to be valid tender to the person entitled to them at thetime or as soon as there are sufficient funds to pay them. They shallbe delivered to the person on request. In case of dispute or doubt asto which of various persons the money shall be paid, the board shallmake out the certificates in favor of the attorney appointed by theboard for the use of the persons entitled to them, and the attorneyshall draw the money and pay it into court, requiring the variousclaimants to interplead and have their respective rights determined.
    (c) If an injunction is obtained because damages have not beenpaid or tendered, the board shall tender the amount of damages withinterest from the time of the entry of the property, if any has beenmade, and all accrued costs. If there are sufficient funds to pay thecertificate, the injunction shall be removed. The pendency of anappeal to the circuit court of a county does not affect the validity ofa tender made under this section, but the board may proceed with itsappropriation of the property in question.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-29
Bonds
    Sec. 29. (a) In order to raise money to pay the city's portion of thetotal cost of an improvement and in anticipation of the special benefittax to be levied, the board shall issue, in the name of the city, at one(1) time, or from time to time as the proceeds are needed, the bondsof the grade separation or railroad relocation and reconstructiondistrict not to exceed in aggregate amount the balance of the city'sportion of the total cost after deducting from the city's portion thetotal amount of benefits, if any, which have been assessed by theboard and finally confirmed or adjudged against lots and parcels ofland exclusive of improvements lying within two thousand (2,000)feet of any grade crossing eliminated or altered by the improvement,or within two thousand (2,000) feet of any lands or rights-of-wayabandoned in whole or in part for railroad use or from which railroadfacilities are to be removed.
    (b) The bonds may be issued in any denomination not exceeding

one thousand dollars ($1,000) each in not less than forty (40) normore than sixty (60) equal series, as the board determines, and shallbe payable one (1) series each six (6) months beginning on the firstday of July of the first year following the date of their issue. If thebond issue is ordered in any calendar year after the date of the annualtax levy, then the first series shall mature on the first day of July ofthe second year and the balance of the bonds at the designatedregular intervals. The bonds shall be negotiable as inland bills ofexchange and shall bear interest payable on the first days of Januaryand July of each year, the first interest to be payable on the firstmaturity date of the bonds.
    (c) Upon adoption of a resolution ordering bonds, the board shallcertify a copy of the resolution to the controller or clerk-treasurer ofthe city in which the grade separation district is located; that officershall prepare the bonds, and the mayor of the city shall execute thebonds and the city controller or clerk-treasurer shall attest theexecution. The bonds shall be exempt from taxation for all purposes.All bonds issued by the board shall be sold by the city controller orclerk-treasurer to the highest bidder, but not at less than par andaccrued interest to date of delivery, after giving notice of sale of thebonds by publication in accordance with IC 5-3-1. The publicationshall be made not less than fifteen (15) days prior to the date fixedfor the sale of the bonds.
    (d) The bonds are not a corporate obligation or indebtedness ofthe city, but constitute an indebtedness of the district as a specialtaxing district, and the bonds and interest shall be payable only outof a special tax levied upon all property of the special taxing district,as in this chapter provided, and the bonds shall recite the terms upontheir face, together with the purposes for which they are issued.
    (e) No suit to question the validity of the bonds issued for thespecial taxing district, or to prevent their issue, may be maintainedafter the date set for the sale of the bonds, and all bonds after thatdate are incontestable for any cause.
As added by Acts 1980, P.L.8, SEC.70. Amended by Acts 1980,P.L.73, SEC.1.

IC 8-6-2.1-30
Proceeds from sale of bonds
    Sec. 30. All proceeds from the sale of bonds issued under section29 of this chapter, together with all money collected from benefitassessments, or from the sale of assessment bonds, shall be kept asa separate and specific fund, entitled grade separation or railroadrelocation and reconstruction fund, to pay the city's portion of thetotal cost of the grade separation improvement, and no part of thefund may be used for any other purpose. The fund shall be depositedwith the depository or depositories of other public funds of the city.Any surplus remaining in the fund, after all the city's portion of thetotal cost is fully paid, shall be paid into and become a part of thegrade separation or railroad relocation and reconstruction bond fundas referred to in section 31 of this chapter.As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-31
Special tax levy
    Sec. 31. (a) In order to raise money to pay all bonds issued undersection 29 of this chapter, including interest, the common council ofthe city shall levy each year a special tax upon all of the taxableproperty, both real and personal, located within the territorial limitsof the special taxing district, in such manner as to pay the principalof the bonds as they severally mature, together with all accruinginterest.
    (b) The tax levied shall be collected by the county treasurer in thesame manner as other taxes are collected. As the tax is distributed tothe controller or clerk-treasurer it shall be deposited in a separatefund, to be known as the grade separation or railroad relocation andreconstruction bond fund, and shall be applied to the payment of thespecial taxing district bonds and interest as they severally mature,and to no other purposes. All accumulation of the fund prior to itsuse for the payment of the bonds and interest shall be deposited inthe depository or depositories of other public funds in the city.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-32
Payment for lands acquired by purchase, contract, or eminentdomain; title to lands
    Sec. 32. If the lands acquired for the improvement or any part ofit are secured by purchase or contract, the payment shall be madeaccording to the terms of the contract. If lands are taken bycondemnation, the amount of damages assessed shall be paid ortendered within ninety (90) days after the final determination of thecondemnation proceedings, or as soon thereafter as the funds arisingfrom the bonds and the assessment of benefits are available. The titleto the lands, or that portion paid for or otherwise acquired for thesepurposes, then vests in the city.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-33
Filing of description of acquired lands
    Sec. 33. Within sixty (60) days after any land or right in it is paidfor and acquired under this chapter, the board shall file and haverecorded in the recorder's office in the county in which the land issituated a description of it sufficiently accurate for its identification,with a statement of the purpose for which it is acquired or taken. Thedescription shall be signed by a majority of the board. The board maytransfer to any railroad company or companies any property acquiredin connection with the improvement, but intended for the permanentoccupation or use of the railroad or railroads, after proper adjustmentin the equitable settlements between the parties.
As added by Acts 1980, P.L.8, SEC.70.
IC 8-6-2.1-34
Limitations upon expenditures and appropriations
    Sec. 34. No part of any of the funds raised by the city or receivedby the city under this chapter may be expended, except uponwarrants drawn by the city controller or clerk-treasurer uponvouchers of the board. No appropriation in any form is necessary, butall funds arising under this chapter are appropriated to the respectivepurposes named in this chapter, and are under the control of theboard, and the board may expend the funds for the purposes stated inthis chapter.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-35
Application of IC 8-6-3 to maintenance costs
    Sec. 35. Maintenance costs requirements are governed, to theextent applicable, by IC 8-6-3.
As added by Acts 1980, P.L.8, SEC.70.

IC 8-6-2.1-36
Jurisdiction and authority of board of each city
    Sec. 36. (a) The jurisdiction and authority of the board of eachcity are complete in relation to all matters provided for in thischapter, except in the levying of taxes. In carrying out this chapter itis not necessary to comply with any other statute, except asspecifically provided.
    (b) If no procedure is provided for by this chapter for doinganything authorized or contemplated by it, the procedure provided byother statutes in similar cases may be followed.
As added by Acts 1980, P.L.8, SEC.70.