IC 8-6-3
    Chapter 3. Division of Costs of Improvements to Railroad GradeSeparations

IC 8-6-3-1
Percentage allocation; railroads and public entities
    Sec. 1. (a) Whenever the separation of grades at the intersectionof a railroad or railroads (as defined in IC 8-3-1-2) and a public streetor highway is constructed, the railroad or railroads shall pay five (5)percent of the cost of the grade separation as provided in this chapter.
    (b) This chapter shall apply to an existing crossing, a newcrossing, or the reconstruction of an existing grade separation.
    (c) If more than one (1) railroad (as defined in IC 8-3-1-2) isinvolved in a separation, the railroads involved shall divide theamount to be paid by the railroads by agreement between therailroads. If the railroads fail to agree, the circuit court of the countyin which the crossing is located shall have jurisdiction, upon theapplication of a party, to determine the division of the amount to bepaid by the railroads. The decision of the court is final, unless one (1)or more parties deeming themselves aggrieved by the decision of thecourt shall appeal therefrom to the court of appeals of Indiana withinthirty (30) days, or within additional time not exceeding ninety (90)days, as may be granted by the circuit court. The appeal shall betaken in substantially the same manner as an appeal in a civil casefrom the circuit court.
    (d) If a grade separation shall involve a state highway that is a partof the state highway system of Indiana, or a street or highwayselected by the Indiana department of transportation as a route of ahighway in the state highway system, the state, out of the funds ofthe Indiana department of transportation or funds appropriated forthe use of the Indiana department of transportation, shall payninety-five percent (95%) of the cost of the grade separation.
    (e) Before the Indiana department of transportation shall proceedwith a grade separation within a city or town, the Indiana departmentof transportation shall first obtain the consent of the city, by aresolution adopted by the board or officials of the city havingjurisdiction over improvement of the streets of the city, and anymaterial modification of the plans upon which the consent wasgranted shall first be approved by the city by a similar resolution.
    (f) If such grade separation is on a highway or street not a part ofthe highways under the jurisdiction of the Indiana department oftransportation, or a part of a route selected by it, but is within anycity or town of the state, the city or town shall pay one-half (1/2) ofninety-five percent (95%) of the total of such cost and the county inwhich the crossing is located shall be liable for and pay one-half(1/2) of the ninety-five percent (95%).
    (g) If a grade separation that involves a state highway that is a partof the state highway system of Indiana, or a street or highwayselected by the Indiana department of transportation as a route of ahighway in the state highway system, necessitates the grade

separation on other highways or streets, not a part of the highwaysunder the jurisdiction of the Indiana department of transportation butwithin any city of the state of Indiana, then of the total cost of thegrade separation on a highway or street not under the jurisdiction ofthe Indiana department of transportation but necessitated by thegrade separation involving a highway or street which is a part of thestate highway system, the city shall pay one-fourth (1/4) ofninety-five percent (95%) and the county in which the crossing islocated shall be liable for and pay one-fourth (1/4) of the ninety-fivepercent (95%) of the total of the costs and the state out of the fundsof the Indiana department of transportation or funds appropriated forthe use of the Indiana department of transportation, shall be liable forand pay one-half (1/2) of the remaining portion.
    (h) If a crossing is not within any city or town and does notinvolve a highway under the jurisdiction of the Indiana departmentof transportation, then the county in which the crossing is locatedshall pay the ninety-five percent (95%) of the total cost which is notpaid by the railroad or railroads.
    (i) The division of the cost of grade separation applies when thegrade separation replaces and eliminates an existing grade crossingat which active warning devices are in place or ordered to beinstalled by a state regulatory agency, but when the grade separationdoes not replace nor eliminate an existing grade crossing the state,county or municipality, as the case may be, shall bear and pay onehundred percent (100%) of the cost of the grade separation.
    (j) In estimating and computing the cost of the grade separation,there shall be considered as a part of costs all expenses reasonablynecessary for preliminary engineering, rights-of-way and all workrequired to comply with the plans and specifications for the work,including all changes in the highway and the grade thereof and theapproaches to the grade separation, as well as all changes in theroadbed, grade, rails, ties, bridges, buildings, and other structuralchanges in a railroad as may be necessary to effect the gradeseparation and to restore the railroad facilities aforesaid tosubstantially the same condition as before the separation.
    (k) The required railroad share of the cost shall be based on thecosts for preliminary engineering, right-of-way, and constructionwithin the limits described below:
        (1) Where a grade crossing is eliminated by grade separation,the structure and approaches for the number of lanes on theexisting highway and in accordance with the current designstandards of the governmental entity having jurisdiction overthe highway involved.
        (2) Where another facility, such as a highway or waterway,requiring a bridge structure is located within the limits of agrade separation project, the estimated cost of a theoreticalstructure and approaches as described under subdivision (1) toeliminate the railroad-highway grade crossing withoutconsidering the presence of the waterway or other highway.
        (3) Where a grade crossing is eliminated by railroad or highway

relocation, the actual cost of the relocation project, or theestimated cost of a structure and approaches as described undersubdivision (1), whichever is less.
    (l) If the Indiana department of transportation or any city, town,or county is unable to reach an agreement with a railroad companyafter determining that construction or reconstruction of a gradeseparation, which replaces or eliminates the need for a gradecrossing, is necessary to protect travelers on the roads and streets ofthe state, the appropriate unit or combination of units of governmentshall give a written notice of its intention to proceed with theconstruction or reconstruction of a grade separation to thesuperintendent or regional engineer of the railroad company. Thenotice of intention shall be made by the adoption of a resolutionstating the need for the grade separation. If, after thirty (30) days, therailroad has not agreed to a division of inspections, plans andspecifications, the number and type of jobs to be completed by eachagency, a division of costs, and other necessary conditions, theIndiana department of transportation, city, town, or county mayproceed with the grade separation exercising any and all of itspowers to construct or reconstruct a bridge and, notwithstandingother provisions of this chapter, may pay for up to one hundredpercent (100%) of the cost of the project. If the railroad is unable, forgood cause, to pay the share of the cost required by this section, thecity, town, or county may certify the amount owed by the railroad tothe county auditor who shall prepare a special tax duplicate to becollected and settled for by the county treasurer in the same mannerand at the same time as property taxes are collected. However, beforethe Indiana department of transportation, city, town, or countyundertakes to do the work themselves they shall notify an agent ofthe railroad as to the time and place of the work.
(Formerly: Acts 1939, c.41, s.1; Acts 1975, P.L.82, SEC.1.) Asamended by Acts 1976, P.L.27, SEC.1; Acts 1980, P.L.74, SEC.63;P.L.18-1990, SEC.71; P.L.146-2008, SEC.361.

IC 8-6-3-2
Application of other laws; maintenance after construction
    Sec. 2. (a) This chapter shall not authorize the separation of gradecrossings of railroads and highways where not authorized by otherlaws, but shall be considered as supplemental to other laws, and alldivision of costs as provided for in this chapter, and all provisions forthe payment and collection of such costs and expenses and otherprovisions of other laws relating to the subject matter shall continuein effect, except as inconsistent with this chapter.
    (b) Provided, however, that any such railroad or railroads shall beauthorized to make all changes in the roadbed, grade, rails, ties,bridges, buildings, and other structural changes as may be necessaryto effect such grade separation, and to restore such railroad facilitiesaforesaid to substantially the same condition as before saidseparation and the costs and expenses incurred by said railroad orrailroads, and in excess of the amount, if any, to be borne by the

railroad or railroads, as in this chapter provided, shall be paid by thestate, county, or municipality, as the case may be, to such railroad orrailroads making such changes.
    (c) After the construction of any such grade separation, the publicauthority or municipality having jurisdiction over such street orhighway shall maintain the street or highway, and structuressupporting it, and the drainage thereof, where the street or highwayis carried over the railroad or railroads, and the railroad or railroadcompanies shall maintain its or their railway tracks, and where thestreet or highway is carried under any such railroad or railroads, thenthe public authority or municipality having jurisdiction over suchstreet or highway, shall maintain the street or highway, and thedrainage thereof, and the railroad or railroads shall maintain its ortheir roadbed and tracks and structures supporting the same.
(Formerly: Acts 1939, c.41, s.2.) As amended by P.L.62-1984,SEC.99.

IC 8-6-3-3
Order or consent by department
    Sec. 3. Notwithstanding any other provisions of this chapter orexisting laws in regard to which this chapter is supplemental, theIndiana department of transportation shall not be chargeable with anycosts or expenses contemplated by this chapter unless the Indianadepartment of transportation shall either order or consent to aproposed grade separation or elevation contemplated by this chapter.
(Formerly: Acts 1939, c.41, s.3.) As amended by Acts 1980, P.L.74,SEC.64; P.L.18-1990, SEC.72.

IC 8-6-3-4
Railroad relocation projects; allocation of cost; local governmentpowers
    Sec. 4. (a) Where a grade separation results from a railroadrelocation project funded in substantial part by the federalgovernment, the shares of the cost of the grade separation shall beallocated among all the participating governmental units and affectedrailroads as they may agree.
    (b) A county, city, or town, in connection with any railroadrelocation project funded in substantial part by the federalgovernment, may:
        (1) purchase, lease, or sell real or personal property;
        (2) design and construct any pedestrian, motor vehicle, orrailroad transportation facilities;
        (3) enter into any contracts with federal, state, or localgovernmental agencies or the owner or operator of any railroadtransportation system;
        (4) convey by deed or lease, pursuant to written agreement, anypedestrian, motor vehicle, or railroad transportation facilitiesfor any federal, state, or local governmental agency or theowner or operator of any railroad transportation system;
        (5) issue any bonds, notes, or warrants for financing its share of

the cost of the project; and
        (6) perform all incidental and necessary acts in connection withthe railroad relocation project.
    (c) A city or town may exercise powers granted by this sectionwithin four (4) miles outside its corporate boundaries.
As added by P.L.65-1984, SEC.1.