IC 8-3-1.5
Chapter 1.5. State Rail Preservation Law
IC 8-3-1.5-1 Definitions
Sec. 1. As used in this chapter:
(a) "Agent for the State" means the department as agent for the
state as that term is used in the Regional Rail Reorganization Act of
1973.
(b) "Department" refers to the Indiana department of
transportation established under IC 8-23-2-1.
(c) "Includes" and variants of it, should be read as if the phrase
"but is not limited to" was also set forth.
(d) "Person" means individuals, corporations, partnerships, or
foreign and domestic associations, including railroads.
(e) "Rail properties" means assets or rights, owned, leased, or
otherwise controlled by a railroad or other persons which are used,
or useful, in rail transportation service; however, the term rail
properties does not include any properties owned, leased or
otherwise controlled by a railroad not in reorganization unless it
consents to such property's inclusion in the particular transaction.
(f) "Rail service" means both freight and passenger service. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.40; P.L.18-1990, SEC.36.
IC 8-3-1.5-2 Authority of Indiana department of transportation
Sec. 2. The department is hereby authorized to exercise those
powers necessary for the state to qualify for rail service continuation
subsidies pursuant to the provisions of the federal Regional Rail
Reorganization Act of 1973, including authority:
(a) to establish a state plan for rail transportation and local rail
services;
(b) to administer and coordinate the state plan;
(c) to provide in the plan for the equitable distribution of federal
rail service continuation subsidies among state, local, and regional
transportation authorities;
(d) to promote, supervise, and support safe, adequate, and
efficient rail services;
(e) to employ sufficient trained and qualified personnel for these
purposes, subject to IC 8-23-2-3.
(f) to maintain adequate programs of investigation, research,
promotion, and development in connection with such purposes and
to provide for public participation therein;
(g) to provide satisfactory assurances on behalf of the State that
such fiscal control and fund accounting procedures will be adopted
by the State as may be necessary to assure proper disbursement of
and account for federal funds paid to the State as rail service
continuation subsidies;
(h) to comply with the regulations of the Secretary of
Transportation of the United States Department of Transportation
affecting federal rail service continuation programs; and
(i) to do all things otherwise necessary to maximize federal
assistance to the State under Title IV of the Federal Regional Rail
Reorganization Act of 1973. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.41; P.L.1-1994, SEC.34.
IC 8-3-1.5-3 Financial assistance for continuance of rail service
Sec. 3. The department is hereby authorized to provide financial
assistance, within the limits of the funds appropriated for this
purpose, for the continuation of operations and maintenance of any
railroad within the State as provided for in the federal Regional Rail
Reorganization Act of 1973, or other relevant federal legislation. The
department may also act as the agent in cooperation with any local
or regional transportation authority, local government units, any
group of rail users, or any person, and the federal government in any
rail service continuation program. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.42.
IC 8-3-1.5-4 Information to be provided to department
Sec. 4. The department in performing its planning function is
authorized to request any railroad to provide such data and
information as are necessary for the planning process. Railroads
operating within the State shall provide such information within sixty
(60) days of the date of the request. Should the railroad fail to
provide such information, the department is hereby granted subpoena
power for securing this data. The department shall exercise all
necessary caution to avoid disclosure of confidential information
supplied under this section. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.43.
IC 8-3-1.5-5 Acquisition of rail or nonrail property
Sec. 5. (a) The department, as sole agent for the State, may
acquire by purchase or condemnation or otherwise any portion or
portions of any rail properties. In addition, the department may
acquire any other non-rail property found by the department to be
necessary for the operation of a railroad.
(b) The authority to acquire rail properties extends to rail
properties both within and not within the jurisdiction of the Interstate
Commerce Commission. It also includes rail properties within the
purview of the Regional Rail Reorganization Act of 1973 and any
other relevant federal legislation.
(c) The acquisition of the rail properties, by the department is for
the purpose of the continued and future operation of a railroad
deemed to be in the public interest. The acquisition of the rail
properties, and other non-rail property, is declared to be a public
purpose and to be reasonably necessary. This action may be taken in
concert with another State or States as necessary to insure continued
rail service in this State. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.44.
IC 8-3-1.5-6 Disposition of property
Sec. 6. The department may sell, transfer, or lease all, or any part
of the rail properties acquired under the provisions of this chapter to
any responsible person, firm, or corporation for continued operation
of a railroad, or other public purpose, provided that approval for the
continued operation, or other public purposes, is granted by the
Interstate Commerce Commission of the United States, whenever
approval is required. The sale, transfer, or lease shall be for a price,
and subject to any further terms and conditions which the department
feels are necessary and appropriate to effectuate the purposes of this
chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.45.
IC 8-3-1.5-7 Interstate commerce commission certificate
Sec. 7. After acquiring any railroad lines within the State, the
department shall assist any responsible person, firm, or corporation
to secure, as promptly as possible, any order or certificate required
by the Interstate Commerce Commission for the performance of
railroad service. The department shall also give any assurances or
guarantees which are necessary or desirable to carry out the purposes
of this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.46.
IC 8-3-1.5-8 Condemnation power
Sec. 8. If the department is unable to acquire necessary rail
properties by purchase or otherwise, it may proceed to condemn all
or any portion of such rail properties. In all condemnation
proceedings, the legislative determination set forth in this chapter
that the acquisition is for a public purpose and is reasonably
necessary is prima facie evidence of the purpose and necessity. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.47.
IC 8-3-1.5-9 Condemnation procedure
Sec. 9. The procedure for any necessary condemnation
proceedings is set forth in IC 32-24-1.
(Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.48; P.L.2-2002, SEC.40.
IC 8-3-1.5-10 Assuring good title
Sec. 10. The department may take whatever steps are necessary in
order to determine the absolute fee simple title ownership of all rail
properties of any railroad within the State. The determination may
include the status of the rail properties with respect to easements,
rights-of-way, leases, reversionary rights, fee simple title ownership,
and any and all related title matters. The department may retain
attorneys, experts, or other assistants as is necessary to make the title
determination. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.49.
IC 8-3-1.5-11 Sale of rail properties
Sec. 11. All rail properties within the State offered for sale by the
railroad corporation after June 30, 1975 shall be offered for sale to
the department in the first instance. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.50.
IC 8-3-1.5-12 Cooperation with other states
Sec. 12. The department may cooperate with other states in
connection with the purchase of any rail properties within this State.
The department may also acquire trackage rights in other States and
rail properties lying in other States in order to carry out the intentions
and purposes of this chapter. In carrying out the authority conferred
by this section, the department may enter into general contractual
arrangements, including joint purchasing and leasing of rail
properties, with other States. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.51.
IC 8-3-1.5-13 Acquisition of property by political subdivisions
Sec. 13. In weighing the varied interests of the residents of this
state, the department shall give consideration, as best as the situation
allows, to the individual interest of any county, city, or town
expressing a desire to acquire a portion, or all, of the abandoned real
estate located within the jurisdiction. The department may exercise
its powers under this chapter to acquire the abandoned property for
subsequent conveyance to the county, city, or town. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.52.
IC 8-3-1.5-14 Funding
Sec. 14. The department may utilize federal funds, grants, gifts,
or donations which are available, and any sums that are appropriated,
in carrying out the purposes of this chapter. The department may also
apply for discretionary or other funds available under the provisions
of the Regional Rail Reorganization Act of 1973, or other federal
programs described in IC 8-23-3-1. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.53; P.L.1-2009, SEC.66.
IC 8-3-1.5-15 Acquisition or modernization loans
Sec. 15. The department may apply for an acquisition and
modernization loan, or a guarantee of a loan, pursuant to section 403
of the Regional Rail Reorganization Act of 1973, or any other federal
programs, within the limit of funds appropriated for those purposes
subject to IC 8-23-3-1 through IC 8-23-3-6. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.54; P.L.1-2009, SEC.67.
IC 8-3-1.5-16 Delinquent state railroad taxes; offset against purchase cost
Sec. 16. In addition to any other funds available to carry out the
purposes of this chapter, there are appropriated, and the department
may utilize, any delinquent state taxes from any railroad entity, and
the interest due on taxes to the date of acquisition, as an offset
against the purchase cost of any rail properties purchased from that
railroad entity. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.55.
IC 8-3-1.5-17 Railroad equipment; acquisition
Sec. 17. The department is authorized to purchase any railroad
rolling stock, equipment, and machinery necessary for the operation
and maintenance of any rail properties purchased by it on behalf of
the State with any funds made available for this purpose. The
department may also acquire, and have available, a pool of
equipment and machinery which may be utilized by the operators of
the rail properties for the purpose of track maintenance, and other
related railroad activities, upon terms and conditions determined by
the department. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.56.
IC 8-3-1.5-18 Contracts for rebuilding and maintaining rail properties
Sec. 18. The department may contract for the rebuilding of any
rail properties acquired pursuant to this chapter, within the
provisions of the Regional Rail Reorganization Act of 1973, or any
other appropriate legislation. The department may also spend any
sums appropriated, as well as any other available funds, for the
modernization and rebuilding of any rail properties owned by the
state or by a private carrier. The department may do any maintenance
on any rail properties owned by the State as is necessary in the public
interest. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.57.
IC 8-3-1.5-19 Contracts to maintain or improve rail transportation service
Sec. 19. The department may contract with any person, firm,
corporation, agency, or governmental unit to provide, maintain, or
improve rail transportation service on the rail properties acquired by
the State under this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.58.
IC 8-3-1.5-20 Transfer of rail properties to other state departments or agencies
or political subdivisions; sale of properties
Sec. 20. Whenever the department determines that any rail
properties acquired by the state are no longer needed for railroad
purposes, it may permanently or temporarily transfer the rail
properties to any other state department or agency, or political
subdivision of the state, which shall utilize the properties for a public
purpose. Whenever more than one (1) department or agency, or
political subdivision, wishes to utilize the property, the department
shall resolve such a conflict and make a prompt determination of the
reasonable and proper order of priority, taking into consideration any
applicable state plans, policies, or objectives. If no state department
or agency, or political subdivision, wants the properties, the
department may sell them, with the proceeds deposited in the
industrial rail service fund established by IC 8-3-1.7-2. A public
hearing is required prior to the transfer or sale of any rail properties
by the department. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.59; P.L.95-1987, SEC.2.
IC 8-3-1.5-20.5 Commuter rail service fund
Sec. 20.5. (a) A special fund to be known as the "commuter rail
service fund" is established. Any amount earned on money deposited
in the fund is part of the fund, and the money in the fund at the end
of any fiscal year does not revert to any other fund. However, if the
money in the fund at the end of any fiscal year exceeds the total
amount deposited in the fund during that fiscal year and the
immediately preceding fiscal year, the amount of the excess shall be
transferred to the state general fund.
(b) The money in the commuter rail service fund is appropriated
for distribution to commuter transportation districts. However, before
money is distributed to a district under this section, the governor
must approve the distribution.
(c) A district that receives money under this section may use the
money only for the maintenance, improvement, and operation of
commuter rail service. As added by Acts 1979, P.L.50, SEC.2.
IC 8-3-1.5-20.6 Electric rail service fund
Sec. 20.6. (a) A special fund to be known as the electric rail
service fund is established. The department shall administer the fund.
(b) Any amount earned on money in the fund is a part of the fund
and any money remaining in the fund at the end of a fiscal year does
not revert to any other fund.
(c) On or before January 31 and July 31 of every calendar year all
amounts that are held in the electric rail service fund are to be
distributed to those commuter transportation districts that qualify for
a distribution under subsection (d).
(d) The only commuter transportation districts that may receive
distributions under this section are those that have substantially all
of their commuter rail transportation performed by electrically
powered railroads.
(e) Commuter transportation districts that qualify for distributions
under this section shall receive equal shares of each distribution
made from the electric rail service fund.
(f) To make distributions to those commuter transportation
districts that qualify for the distributions under subsection (d), the
auditor of state shall issue warrants drawn on the electric rail service
fund. The treasurer of state shall pay those warrants. As added by Acts 1981, P.L.67, SEC.4.
IC 8-3-1.5-21 Chicago, South Shore, and South Bend Railway capital
improvements fund
Sec. 21. There is created a Chicago, South Shore, and South Bend
Railway capital improvements fund. There is hereby appropriated the
sum of three million six hundred thousand dollars ($3,600,000) to
said fund. The fund shall be disbursed by the governor of the state of
Indiana to any regional transportation authority, or commuter
transportation district which has among its purposes the
maintenance, operation and improvement of passenger service over
the Chicago, South Shore, and South Bend Railway railroad and any
extension thereof. As to capital improvements, the fund hereby
appropriated shall only be expended at such time as the governor of
the state of Indiana finds that the state of Illinois or any
instrumentality thereof has appropriated and is ready to expend for
Chicago, South Shore, and South Bend Railway passenger service
improvement and development the sum of not less than one million
dollars ($1,000,000), and the Indiana counties, through which the
line runs, or instrumentalities thereof, have appropriated and are
ready to expend for Chicago, South Shore, and South Bend Railway
passenger service maintenance and improvement such sums as he
may judge to be said counties' fair share of passenger service
maintenance and improvement costs. Said costs to said counties may
not exceed three million six hundred thousand dollars ($3,600,000)
in the aggregate. Up to one million dollars ($1,000,000) of said fund
may be expended at the discretion of the governor for the operation
of said railroad. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1977,
P.L.107, SEC.1; Acts 1978, P.L.57, SEC.3; Acts 1980, P.L.74,
SEC.60; P.L.95-1987, SEC.3; P.L.2-1995, SEC.41.
IC 8-3-1.5-22
Repealed
(Repealed by P.L.95-1987, SEC.6.)
IC 8-3-1.5-23 Rules and regulations
Sec. 23. The department shall, subject to IC 8-9.5-2-6(7)
(repealed), promulgate rules and regulations consistent with and for
the purpose of adequately implementing the foregoing sections of
this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.62; P.L.1-2009, SEC.68.
IC 8-3-1.5
Chapter 1.5. State Rail Preservation Law
IC 8-3-1.5-1 Definitions
Sec. 1. As used in this chapter:
(a) "Agent for the State" means the department as agent for the
state as that term is used in the Regional Rail Reorganization Act of
1973.
(b) "Department" refers to the Indiana department of
transportation established under IC 8-23-2-1.
(c) "Includes" and variants of it, should be read as if the phrase
"but is not limited to" was also set forth.
(d) "Person" means individuals, corporations, partnerships, or
foreign and domestic associations, including railroads.
(e) "Rail properties" means assets or rights, owned, leased, or
otherwise controlled by a railroad or other persons which are used,
or useful, in rail transportation service; however, the term rail
properties does not include any properties owned, leased or
otherwise controlled by a railroad not in reorganization unless it
consents to such property's inclusion in the particular transaction.
(f) "Rail service" means both freight and passenger service. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.40; P.L.18-1990, SEC.36.
IC 8-3-1.5-2 Authority of Indiana department of transportation
Sec. 2. The department is hereby authorized to exercise those
powers necessary for the state to qualify for rail service continuation
subsidies pursuant to the provisions of the federal Regional Rail
Reorganization Act of 1973, including authority:
(a) to establish a state plan for rail transportation and local rail
services;
(b) to administer and coordinate the state plan;
(c) to provide in the plan for the equitable distribution of federal
rail service continuation subsidies among state, local, and regional
transportation authorities;
(d) to promote, supervise, and support safe, adequate, and
efficient rail services;
(e) to employ sufficient trained and qualified personnel for these
purposes, subject to IC 8-23-2-3.
(f) to maintain adequate programs of investigation, research,
promotion, and development in connection with such purposes and
to provide for public participation therein;
(g) to provide satisfactory assurances on behalf of the State that
such fiscal control and fund accounting procedures will be adopted
by the State as may be necessary to assure proper disbursement of
and account for federal funds paid to the State as rail service
continuation subsidies;
(h) to comply with the regulations of the Secretary of
Transportation of the United States Department of Transportation
affecting federal rail service continuation programs; and
(i) to do all things otherwise necessary to maximize federal
assistance to the State under Title IV of the Federal Regional Rail
Reorganization Act of 1973. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.41; P.L.1-1994, SEC.34.
IC 8-3-1.5-3 Financial assistance for continuance of rail service
Sec. 3. The department is hereby authorized to provide financial
assistance, within the limits of the funds appropriated for this
purpose, for the continuation of operations and maintenance of any
railroad within the State as provided for in the federal Regional Rail
Reorganization Act of 1973, or other relevant federal legislation. The
department may also act as the agent in cooperation with any local
or regional transportation authority, local government units, any
group of rail users, or any person, and the federal government in any
rail service continuation program. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.42.
IC 8-3-1.5-4 Information to be provided to department
Sec. 4. The department in performing its planning function is
authorized to request any railroad to provide such data and
information as are necessary for the planning process. Railroads
operating within the State shall provide such information within sixty
(60) days of the date of the request. Should the railroad fail to
provide such information, the department is hereby granted subpoena
power for securing this data. The department shall exercise all
necessary caution to avoid disclosure of confidential information
supplied under this section. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.43.
IC 8-3-1.5-5 Acquisition of rail or nonrail property
Sec. 5. (a) The department, as sole agent for the State, may
acquire by purchase or condemnation or otherwise any portion or
portions of any rail properties. In addition, the department may
acquire any other non-rail property found by the department to be
necessary for the operation of a railroad.
(b) The authority to acquire rail properties extends to rail
properties both within and not within the jurisdiction of the Interstate
Commerce Commission. It also includes rail properties within the
purview of the Regional Rail Reorganization Act of 1973 and any
other relevant federal legislation.
(c) The acquisition of the rail properties, by the department is for
the purpose of the continued and future operation of a railroad
deemed to be in the public interest. The acquisition of the rail
properties, and other non-rail property, is declared to be a public
purpose and to be reasonably necessary. This action may be taken in
concert with another State or States as necessary to insure continued
rail service in this State. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.44.
IC 8-3-1.5-6 Disposition of property
Sec. 6. The department may sell, transfer, or lease all, or any part
of the rail properties acquired under the provisions of this chapter to
any responsible person, firm, or corporation for continued operation
of a railroad, or other public purpose, provided that approval for the
continued operation, or other public purposes, is granted by the
Interstate Commerce Commission of the United States, whenever
approval is required. The sale, transfer, or lease shall be for a price,
and subject to any further terms and conditions which the department
feels are necessary and appropriate to effectuate the purposes of this
chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.45.
IC 8-3-1.5-7 Interstate commerce commission certificate
Sec. 7. After acquiring any railroad lines within the State, the
department shall assist any responsible person, firm, or corporation
to secure, as promptly as possible, any order or certificate required
by the Interstate Commerce Commission for the performance of
railroad service. The department shall also give any assurances or
guarantees which are necessary or desirable to carry out the purposes
of this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.46.
IC 8-3-1.5-8 Condemnation power
Sec. 8. If the department is unable to acquire necessary rail
properties by purchase or otherwise, it may proceed to condemn all
or any portion of such rail properties. In all condemnation
proceedings, the legislative determination set forth in this chapter
that the acquisition is for a public purpose and is reasonably
necessary is prima facie evidence of the purpose and necessity. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.47.
IC 8-3-1.5-9 Condemnation procedure
Sec. 9. The procedure for any necessary condemnation
proceedings is set forth in IC 32-24-1.
(Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.48; P.L.2-2002, SEC.40.
IC 8-3-1.5-10 Assuring good title
Sec. 10. The department may take whatever steps are necessary in
order to determine the absolute fee simple title ownership of all rail
properties of any railroad within the State. The determination may
include the status of the rail properties with respect to easements,
rights-of-way, leases, reversionary rights, fee simple title ownership,
and any and all related title matters. The department may retain
attorneys, experts, or other assistants as is necessary to make the title
determination. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.49.
IC 8-3-1.5-11 Sale of rail properties
Sec. 11. All rail properties within the State offered for sale by the
railroad corporation after June 30, 1975 shall be offered for sale to
the department in the first instance. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.50.
IC 8-3-1.5-12 Cooperation with other states
Sec. 12. The department may cooperate with other states in
connection with the purchase of any rail properties within this State.
The department may also acquire trackage rights in other States and
rail properties lying in other States in order to carry out the intentions
and purposes of this chapter. In carrying out the authority conferred
by this section, the department may enter into general contractual
arrangements, including joint purchasing and leasing of rail
properties, with other States. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.51.
IC 8-3-1.5-13 Acquisition of property by political subdivisions
Sec. 13. In weighing the varied interests of the residents of this
state, the department shall give consideration, as best as the situation
allows, to the individual interest of any county, city, or town
expressing a desire to acquire a portion, or all, of the abandoned real
estate located within the jurisdiction. The department may exercise
its powers under this chapter to acquire the abandoned property for
subsequent conveyance to the county, city, or town. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.52.
IC 8-3-1.5-14 Funding
Sec. 14. The department may utilize federal funds, grants, gifts,
or donations which are available, and any sums that are appropriated,
in carrying out the purposes of this chapter. The department may also
apply for discretionary or other funds available under the provisions
of the Regional Rail Reorganization Act of 1973, or other federal
programs described in IC 8-23-3-1. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.53; P.L.1-2009, SEC.66.
IC 8-3-1.5-15 Acquisition or modernization loans
Sec. 15. The department may apply for an acquisition and
modernization loan, or a guarantee of a loan, pursuant to section 403
of the Regional Rail Reorganization Act of 1973, or any other federal
programs, within the limit of funds appropriated for those purposes
subject to IC 8-23-3-1 through IC 8-23-3-6. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.54; P.L.1-2009, SEC.67.
IC 8-3-1.5-16 Delinquent state railroad taxes; offset against purchase cost
Sec. 16. In addition to any other funds available to carry out the
purposes of this chapter, there are appropriated, and the department
may utilize, any delinquent state taxes from any railroad entity, and
the interest due on taxes to the date of acquisition, as an offset
against the purchase cost of any rail properties purchased from that
railroad entity. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.55.
IC 8-3-1.5-17 Railroad equipment; acquisition
Sec. 17. The department is authorized to purchase any railroad
rolling stock, equipment, and machinery necessary for the operation
and maintenance of any rail properties purchased by it on behalf of
the State with any funds made available for this purpose. The
department may also acquire, and have available, a pool of
equipment and machinery which may be utilized by the operators of
the rail properties for the purpose of track maintenance, and other
related railroad activities, upon terms and conditions determined by
the department. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.56.
IC 8-3-1.5-18 Contracts for rebuilding and maintaining rail properties
Sec. 18. The department may contract for the rebuilding of any
rail properties acquired pursuant to this chapter, within the
provisions of the Regional Rail Reorganization Act of 1973, or any
other appropriate legislation. The department may also spend any
sums appropriated, as well as any other available funds, for the
modernization and rebuilding of any rail properties owned by the
state or by a private carrier. The department may do any maintenance
on any rail properties owned by the State as is necessary in the public
interest. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.57.
IC 8-3-1.5-19 Contracts to maintain or improve rail transportation service
Sec. 19. The department may contract with any person, firm,
corporation, agency, or governmental unit to provide, maintain, or
improve rail transportation service on the rail properties acquired by
the State under this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.58.
IC 8-3-1.5-20 Transfer of rail properties to other state departments or agencies
or political subdivisions; sale of properties
Sec. 20. Whenever the department determines that any rail
properties acquired by the state are no longer needed for railroad
purposes, it may permanently or temporarily transfer the rail
properties to any other state department or agency, or political
subdivision of the state, which shall utilize the properties for a public
purpose. Whenever more than one (1) department or agency, or
political subdivision, wishes to utilize the property, the department
shall resolve such a conflict and make a prompt determination of the
reasonable and proper order of priority, taking into consideration any
applicable state plans, policies, or objectives. If no state department
or agency, or political subdivision, wants the properties, the
department may sell them, with the proceeds deposited in the
industrial rail service fund established by IC 8-3-1.7-2. A public
hearing is required prior to the transfer or sale of any rail properties
by the department. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.59; P.L.95-1987, SEC.2.
IC 8-3-1.5-20.5 Commuter rail service fund
Sec. 20.5. (a) A special fund to be known as the "commuter rail
service fund" is established. Any amount earned on money deposited
in the fund is part of the fund, and the money in the fund at the end
of any fiscal year does not revert to any other fund. However, if the
money in the fund at the end of any fiscal year exceeds the total
amount deposited in the fund during that fiscal year and the
immediately preceding fiscal year, the amount of the excess shall be
transferred to the state general fund.
(b) The money in the commuter rail service fund is appropriated
for distribution to commuter transportation districts. However, before
money is distributed to a district under this section, the governor
must approve the distribution.
(c) A district that receives money under this section may use the
money only for the maintenance, improvement, and operation of
commuter rail service. As added by Acts 1979, P.L.50, SEC.2.
IC 8-3-1.5-20.6 Electric rail service fund
Sec. 20.6. (a) A special fund to be known as the electric rail
service fund is established. The department shall administer the fund.
(b) Any amount earned on money in the fund is a part of the fund
and any money remaining in the fund at the end of a fiscal year does
not revert to any other fund.
(c) On or before January 31 and July 31 of every calendar year all
amounts that are held in the electric rail service fund are to be
distributed to those commuter transportation districts that qualify for
a distribution under subsection (d).
(d) The only commuter transportation districts that may receive
distributions under this section are those that have substantially all
of their commuter rail transportation performed by electrically
powered railroads.
(e) Commuter transportation districts that qualify for distributions
under this section shall receive equal shares of each distribution
made from the electric rail service fund.
(f) To make distributions to those commuter transportation
districts that qualify for the distributions under subsection (d), the
auditor of state shall issue warrants drawn on the electric rail service
fund. The treasurer of state shall pay those warrants. As added by Acts 1981, P.L.67, SEC.4.
IC 8-3-1.5-21 Chicago, South Shore, and South Bend Railway capital
improvements fund
Sec. 21. There is created a Chicago, South Shore, and South Bend
Railway capital improvements fund. There is hereby appropriated the
sum of three million six hundred thousand dollars ($3,600,000) to
said fund. The fund shall be disbursed by the governor of the state of
Indiana to any regional transportation authority, or commuter
transportation district which has among its purposes the
maintenance, operation and improvement of passenger service over
the Chicago, South Shore, and South Bend Railway railroad and any
extension thereof. As to capital improvements, the fund hereby
appropriated shall only be expended at such time as the governor of
the state of Indiana finds that the state of Illinois or any
instrumentality thereof has appropriated and is ready to expend for
Chicago, South Shore, and South Bend Railway passenger service
improvement and development the sum of not less than one million
dollars ($1,000,000), and the Indiana counties, through which the
line runs, or instrumentalities thereof, have appropriated and are
ready to expend for Chicago, South Shore, and South Bend Railway
passenger service maintenance and improvement such sums as he
may judge to be said counties' fair share of passenger service
maintenance and improvement costs. Said costs to said counties may
not exceed three million six hundred thousand dollars ($3,600,000)
in the aggregate. Up to one million dollars ($1,000,000) of said fund
may be expended at the discretion of the governor for the operation
of said railroad. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1977,
P.L.107, SEC.1; Acts 1978, P.L.57, SEC.3; Acts 1980, P.L.74,
SEC.60; P.L.95-1987, SEC.3; P.L.2-1995, SEC.41.
IC 8-3-1.5-22
Repealed
(Repealed by P.L.95-1987, SEC.6.)
IC 8-3-1.5-23 Rules and regulations
Sec. 23. The department shall, subject to IC 8-9.5-2-6(7)
(repealed), promulgate rules and regulations consistent with and for
the purpose of adequately implementing the foregoing sections of
this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.62; P.L.1-2009, SEC.68.
IC 8-3-1.5
Chapter 1.5. State Rail Preservation Law
IC 8-3-1.5-1 Definitions
Sec. 1. As used in this chapter:
(a) "Agent for the State" means the department as agent for the
state as that term is used in the Regional Rail Reorganization Act of
1973.
(b) "Department" refers to the Indiana department of
transportation established under IC 8-23-2-1.
(c) "Includes" and variants of it, should be read as if the phrase
"but is not limited to" was also set forth.
(d) "Person" means individuals, corporations, partnerships, or
foreign and domestic associations, including railroads.
(e) "Rail properties" means assets or rights, owned, leased, or
otherwise controlled by a railroad or other persons which are used,
or useful, in rail transportation service; however, the term rail
properties does not include any properties owned, leased or
otherwise controlled by a railroad not in reorganization unless it
consents to such property's inclusion in the particular transaction.
(f) "Rail service" means both freight and passenger service. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.40; P.L.18-1990, SEC.36.
IC 8-3-1.5-2 Authority of Indiana department of transportation
Sec. 2. The department is hereby authorized to exercise those
powers necessary for the state to qualify for rail service continuation
subsidies pursuant to the provisions of the federal Regional Rail
Reorganization Act of 1973, including authority:
(a) to establish a state plan for rail transportation and local rail
services;
(b) to administer and coordinate the state plan;
(c) to provide in the plan for the equitable distribution of federal
rail service continuation subsidies among state, local, and regional
transportation authorities;
(d) to promote, supervise, and support safe, adequate, and
efficient rail services;
(e) to employ sufficient trained and qualified personnel for these
purposes, subject to IC 8-23-2-3.
(f) to maintain adequate programs of investigation, research,
promotion, and development in connection with such purposes and
to provide for public participation therein;
(g) to provide satisfactory assurances on behalf of the State that
such fiscal control and fund accounting procedures will be adopted
by the State as may be necessary to assure proper disbursement of
and account for federal funds paid to the State as rail service
continuation subsidies;
(h) to comply with the regulations of the Secretary of
Transportation of the United States Department of Transportation
affecting federal rail service continuation programs; and
(i) to do all things otherwise necessary to maximize federal
assistance to the State under Title IV of the Federal Regional Rail
Reorganization Act of 1973. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.41; P.L.1-1994, SEC.34.
IC 8-3-1.5-3 Financial assistance for continuance of rail service
Sec. 3. The department is hereby authorized to provide financial
assistance, within the limits of the funds appropriated for this
purpose, for the continuation of operations and maintenance of any
railroad within the State as provided for in the federal Regional Rail
Reorganization Act of 1973, or other relevant federal legislation. The
department may also act as the agent in cooperation with any local
or regional transportation authority, local government units, any
group of rail users, or any person, and the federal government in any
rail service continuation program. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.42.
IC 8-3-1.5-4 Information to be provided to department
Sec. 4. The department in performing its planning function is
authorized to request any railroad to provide such data and
information as are necessary for the planning process. Railroads
operating within the State shall provide such information within sixty
(60) days of the date of the request. Should the railroad fail to
provide such information, the department is hereby granted subpoena
power for securing this data. The department shall exercise all
necessary caution to avoid disclosure of confidential information
supplied under this section. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.43.
IC 8-3-1.5-5 Acquisition of rail or nonrail property
Sec. 5. (a) The department, as sole agent for the State, may
acquire by purchase or condemnation or otherwise any portion or
portions of any rail properties. In addition, the department may
acquire any other non-rail property found by the department to be
necessary for the operation of a railroad.
(b) The authority to acquire rail properties extends to rail
properties both within and not within the jurisdiction of the Interstate
Commerce Commission. It also includes rail properties within the
purview of the Regional Rail Reorganization Act of 1973 and any
other relevant federal legislation.
(c) The acquisition of the rail properties, by the department is for
the purpose of the continued and future operation of a railroad
deemed to be in the public interest. The acquisition of the rail
properties, and other non-rail property, is declared to be a public
purpose and to be reasonably necessary. This action may be taken in
concert with another State or States as necessary to insure continued
rail service in this State. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.44.
IC 8-3-1.5-6 Disposition of property
Sec. 6. The department may sell, transfer, or lease all, or any part
of the rail properties acquired under the provisions of this chapter to
any responsible person, firm, or corporation for continued operation
of a railroad, or other public purpose, provided that approval for the
continued operation, or other public purposes, is granted by the
Interstate Commerce Commission of the United States, whenever
approval is required. The sale, transfer, or lease shall be for a price,
and subject to any further terms and conditions which the department
feels are necessary and appropriate to effectuate the purposes of this
chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.45.
IC 8-3-1.5-7 Interstate commerce commission certificate
Sec. 7. After acquiring any railroad lines within the State, the
department shall assist any responsible person, firm, or corporation
to secure, as promptly as possible, any order or certificate required
by the Interstate Commerce Commission for the performance of
railroad service. The department shall also give any assurances or
guarantees which are necessary or desirable to carry out the purposes
of this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.46.
IC 8-3-1.5-8 Condemnation power
Sec. 8. If the department is unable to acquire necessary rail
properties by purchase or otherwise, it may proceed to condemn all
or any portion of such rail properties. In all condemnation
proceedings, the legislative determination set forth in this chapter
that the acquisition is for a public purpose and is reasonably
necessary is prima facie evidence of the purpose and necessity. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.47.
IC 8-3-1.5-9 Condemnation procedure
Sec. 9. The procedure for any necessary condemnation
proceedings is set forth in IC 32-24-1.
(Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.48; P.L.2-2002, SEC.40.
IC 8-3-1.5-10 Assuring good title
Sec. 10. The department may take whatever steps are necessary in
order to determine the absolute fee simple title ownership of all rail
properties of any railroad within the State. The determination may
include the status of the rail properties with respect to easements,
rights-of-way, leases, reversionary rights, fee simple title ownership,
and any and all related title matters. The department may retain
attorneys, experts, or other assistants as is necessary to make the title
determination. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.49.
IC 8-3-1.5-11 Sale of rail properties
Sec. 11. All rail properties within the State offered for sale by the
railroad corporation after June 30, 1975 shall be offered for sale to
the department in the first instance. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.50.
IC 8-3-1.5-12 Cooperation with other states
Sec. 12. The department may cooperate with other states in
connection with the purchase of any rail properties within this State.
The department may also acquire trackage rights in other States and
rail properties lying in other States in order to carry out the intentions
and purposes of this chapter. In carrying out the authority conferred
by this section, the department may enter into general contractual
arrangements, including joint purchasing and leasing of rail
properties, with other States. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.51.
IC 8-3-1.5-13 Acquisition of property by political subdivisions
Sec. 13. In weighing the varied interests of the residents of this
state, the department shall give consideration, as best as the situation
allows, to the individual interest of any county, city, or town
expressing a desire to acquire a portion, or all, of the abandoned real
estate located within the jurisdiction. The department may exercise
its powers under this chapter to acquire the abandoned property for
subsequent conveyance to the county, city, or town. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.52.
IC 8-3-1.5-14 Funding
Sec. 14. The department may utilize federal funds, grants, gifts,
or donations which are available, and any sums that are appropriated,
in carrying out the purposes of this chapter. The department may also
apply for discretionary or other funds available under the provisions
of the Regional Rail Reorganization Act of 1973, or other federal
programs described in IC 8-23-3-1. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.53; P.L.1-2009, SEC.66.
IC 8-3-1.5-15 Acquisition or modernization loans
Sec. 15. The department may apply for an acquisition and
modernization loan, or a guarantee of a loan, pursuant to section 403
of the Regional Rail Reorganization Act of 1973, or any other federal
programs, within the limit of funds appropriated for those purposes
subject to IC 8-23-3-1 through IC 8-23-3-6. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.54; P.L.1-2009, SEC.67.
IC 8-3-1.5-16 Delinquent state railroad taxes; offset against purchase cost
Sec. 16. In addition to any other funds available to carry out the
purposes of this chapter, there are appropriated, and the department
may utilize, any delinquent state taxes from any railroad entity, and
the interest due on taxes to the date of acquisition, as an offset
against the purchase cost of any rail properties purchased from that
railroad entity. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.55.
IC 8-3-1.5-17 Railroad equipment; acquisition
Sec. 17. The department is authorized to purchase any railroad
rolling stock, equipment, and machinery necessary for the operation
and maintenance of any rail properties purchased by it on behalf of
the State with any funds made available for this purpose. The
department may also acquire, and have available, a pool of
equipment and machinery which may be utilized by the operators of
the rail properties for the purpose of track maintenance, and other
related railroad activities, upon terms and conditions determined by
the department. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.56.
IC 8-3-1.5-18 Contracts for rebuilding and maintaining rail properties
Sec. 18. The department may contract for the rebuilding of any
rail properties acquired pursuant to this chapter, within the
provisions of the Regional Rail Reorganization Act of 1973, or any
other appropriate legislation. The department may also spend any
sums appropriated, as well as any other available funds, for the
modernization and rebuilding of any rail properties owned by the
state or by a private carrier. The department may do any maintenance
on any rail properties owned by the State as is necessary in the public
interest. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.57.
IC 8-3-1.5-19 Contracts to maintain or improve rail transportation service
Sec. 19. The department may contract with any person, firm,
corporation, agency, or governmental unit to provide, maintain, or
improve rail transportation service on the rail properties acquired by
the State under this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.58.
IC 8-3-1.5-20 Transfer of rail properties to other state departments or agencies
or political subdivisions; sale of properties
Sec. 20. Whenever the department determines that any rail
properties acquired by the state are no longer needed for railroad
purposes, it may permanently or temporarily transfer the rail
properties to any other state department or agency, or political
subdivision of the state, which shall utilize the properties for a public
purpose. Whenever more than one (1) department or agency, or
political subdivision, wishes to utilize the property, the department
shall resolve such a conflict and make a prompt determination of the
reasonable and proper order of priority, taking into consideration any
applicable state plans, policies, or objectives. If no state department
or agency, or political subdivision, wants the properties, the
department may sell them, with the proceeds deposited in the
industrial rail service fund established by IC 8-3-1.7-2. A public
hearing is required prior to the transfer or sale of any rail properties
by the department. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.59; P.L.95-1987, SEC.2.
IC 8-3-1.5-20.5 Commuter rail service fund
Sec. 20.5. (a) A special fund to be known as the "commuter rail
service fund" is established. Any amount earned on money deposited
in the fund is part of the fund, and the money in the fund at the end
of any fiscal year does not revert to any other fund. However, if the
money in the fund at the end of any fiscal year exceeds the total
amount deposited in the fund during that fiscal year and the
immediately preceding fiscal year, the amount of the excess shall be
transferred to the state general fund.
(b) The money in the commuter rail service fund is appropriated
for distribution to commuter transportation districts. However, before
money is distributed to a district under this section, the governor
must approve the distribution.
(c) A district that receives money under this section may use the
money only for the maintenance, improvement, and operation of
commuter rail service. As added by Acts 1979, P.L.50, SEC.2.
IC 8-3-1.5-20.6 Electric rail service fund
Sec. 20.6. (a) A special fund to be known as the electric rail
service fund is established. The department shall administer the fund.
(b) Any amount earned on money in the fund is a part of the fund
and any money remaining in the fund at the end of a fiscal year does
not revert to any other fund.
(c) On or before January 31 and July 31 of every calendar year all
amounts that are held in the electric rail service fund are to be
distributed to those commuter transportation districts that qualify for
a distribution under subsection (d).
(d) The only commuter transportation districts that may receive
distributions under this section are those that have substantially all
of their commuter rail transportation performed by electrically
powered railroads.
(e) Commuter transportation districts that qualify for distributions
under this section shall receive equal shares of each distribution
made from the electric rail service fund.
(f) To make distributions to those commuter transportation
districts that qualify for the distributions under subsection (d), the
auditor of state shall issue warrants drawn on the electric rail service
fund. The treasurer of state shall pay those warrants. As added by Acts 1981, P.L.67, SEC.4.
IC 8-3-1.5-21 Chicago, South Shore, and South Bend Railway capital
improvements fund
Sec. 21. There is created a Chicago, South Shore, and South Bend
Railway capital improvements fund. There is hereby appropriated the
sum of three million six hundred thousand dollars ($3,600,000) to
said fund. The fund shall be disbursed by the governor of the state of
Indiana to any regional transportation authority, or commuter
transportation district which has among its purposes the
maintenance, operation and improvement of passenger service over
the Chicago, South Shore, and South Bend Railway railroad and any
extension thereof. As to capital improvements, the fund hereby
appropriated shall only be expended at such time as the governor of
the state of Indiana finds that the state of Illinois or any
instrumentality thereof has appropriated and is ready to expend for
Chicago, South Shore, and South Bend Railway passenger service
improvement and development the sum of not less than one million
dollars ($1,000,000), and the Indiana counties, through which the
line runs, or instrumentalities thereof, have appropriated and are
ready to expend for Chicago, South Shore, and South Bend Railway
passenger service maintenance and improvement such sums as he
may judge to be said counties' fair share of passenger service
maintenance and improvement costs. Said costs to said counties may
not exceed three million six hundred thousand dollars ($3,600,000)
in the aggregate. Up to one million dollars ($1,000,000) of said fund
may be expended at the discretion of the governor for the operation
of said railroad. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1977,
P.L.107, SEC.1; Acts 1978, P.L.57, SEC.3; Acts 1980, P.L.74,
SEC.60; P.L.95-1987, SEC.3; P.L.2-1995, SEC.41.
IC 8-3-1.5-22
Repealed
(Repealed by P.L.95-1987, SEC.6.)
IC 8-3-1.5-23 Rules and regulations
Sec. 23. The department shall, subject to IC 8-9.5-2-6(7)
(repealed), promulgate rules and regulations consistent with and for
the purpose of adequately implementing the foregoing sections of
this chapter. (Formerly: Acts 1975, P.L.79, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.62; P.L.1-2009, SEC.68.
