IC 8-4.5-4
Chapter 4. Acquisition of Abandoned Rights-of-Way by the State
IC 8-4.5-4-1 Acquisition of railroad's interest
Sec. 1. The Indiana department of transportation shall determine
whether the state should acquire a railroad's interest in a corridor that
is proposed to be abandoned. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6;
P.L.59-2005, SEC.2.
IC 8-4.5-4-1.5 Assistance in acquisition of railroad's interest
Sec. 1.5. The board shall advise and assist the Indiana department
of transportation in matters concerning the acquisition of a railroad's
interest in a corridor under this chapter. As added by P.L.59-2005, SEC.3.
IC 8-4.5-4-2 Purposes of acquisition
Sec. 2. The state may acquire any part of a railroad's interest in a
corridor under this chapter for any of the following purposes:
(1) A present or future rail line.
(2) A transportation corridor.
(3) A communication corridor.
(4) A recreational trail.
(5) A utility corridor.
(6) The preservation of a railroad corridor.
(7) Any combination of purposes described in subdivisions (1)
through (6). As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.7.
IC 8-4.5-4-3 County meeting to consider acquisitions
Sec. 3. (a) The Indiana department of transportation shall hold at
least one (1) public meeting in a county through which the corridor
passes before determining whether the state should acquire a
railroad's interest in a corridor that is proposed to be abandoned.
Notice of the meeting must be given in accordance with IC 5-14-1.5.
(b) In addition to the notice requirements of IC 5-14-1.5, the
department shall give notice of a meeting under this section to the
following:
(1) The county commissioners of each county through which
the railroad's interest in the proposed abandoned corridor
passes.
(2) The legislative body of each city or town:
(A) through which the railroad's interest in the corridor
passes; or
(B) that is within one (1) mile of any part of the railroad's
interest in the corridor.
(3) The railroad that proposes to abandon the railroad's interest
in the corridor.
(4) The Indiana utility regulatory commission.
Notice must be given to the persons described in subdivisions (1)
through (4) not later than the date notice is required to be published
under IC 5-14-1.5.
(c) The department may hold additional meetings before making
a determination under this chapter.
(d) The department shall hold a meeting under this section in each
county through which the railroad's interest in the corridor passes. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.8;
P.L.59-2005, SEC.4.
IC 8-4.5-4-4 Factors to be considered
Sec. 4. In determining whether the state should acquire any part
of a railroad's interest in a corridor, the Indiana department of
transportation shall consider the following factors:
(1) The potential for future use of the railroad's interest in the
corridor as a freight or high-speed passenger rail line,
considering the following:
(A) The potential need for use of the railroad's interest in the
corridor for future transportation purposes.
(B) The cost of maintaining the railroad's interest in the
corridor during any time before the future transportation use
will begin.
(C) The effect of any interim use and the future
transportation use of the railroad's interest in the corridor on
property owners.
(D) Any relevant requirement of any federal law.
(E) Any other factor the department considers relevant.
(2) Based on the recommendation of the department of natural
resources, the potential for recreational use of the railroad's
interest in the corridor considering the following:
(A) The recreational value of the railroad's interest in the
corridor.
(B) The feasibility of using the railroad's interest in the
corridor for recreation.
(C) The likelihood that there may be significant recreational
use of the railroad's interest in the corridor if the railroad's
interest in the corridor is converted to a recreational trail.
(D) The general acceptability of the proposed recreational
use of the railroad's interest in the corridor to property
owners and the community at large.
(E) The existence of a willing person, whether public or
private, to operate the railroad's interest in the corridor for
the proposed recreational use.
(F) Any relevant requirement of any federal law.
(G) Any other factor the department considers relevant.
(3) The potential for the use of the railroad's interest in the
corridor for communications or utility use.
(4) Whether there are funds to acquire the railroad's interest in
the corridor. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.9.
IC 8-4.5-4-5
Repealed
(Repealed by P.L.59-2005, SEC.5.)
IC 8-4.5-4-6 Acquisition
Sec. 6. (a) If:
(1) a determination is made under this chapter to acquire the
railroad's interest in the corridor; and
(2) money is available in the fund;
the state shall acquire the railroad's interest in the corridor under
IC 4-20.5-3.
(b) An acquisition by the state under this chapter does not deprive
a public utility of the use of all or part of the railroad's interest in the
corridor, if, at the time of acquisition:
(1) the public utility is occupying and using all or part of the
railroad's interest in that corridor for the location and operation
of its facilities; or
(2) the public utility has acquired an interest for use of all or
part of the railroad's interest in the corridor. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.11.
IC 8-4.5-4-7 Deposit of revenues
Sec. 7. If the state acquires any interest in the corridor under this
article, all revenues from a railroad's interest in a corridor acquired
under this chapter, including payments derived from public utility or
other easements, must be deposited in the fund. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.12.
IC 8-4.5-4-8 Acquisition for recreational purpose
Sec. 8. If a railroad's interest in a corridor is acquired under this
chapter for a recreational purpose, the railroad's interest in the
corridor must be developed and operated under IC 8-4.5-5. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.13.
IC 8-4.5-4
Chapter 4. Acquisition of Abandoned Rights-of-Way by the State
IC 8-4.5-4-1 Acquisition of railroad's interest
Sec. 1. The Indiana department of transportation shall determine
whether the state should acquire a railroad's interest in a corridor that
is proposed to be abandoned. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6;
P.L.59-2005, SEC.2.
IC 8-4.5-4-1.5 Assistance in acquisition of railroad's interest
Sec. 1.5. The board shall advise and assist the Indiana department
of transportation in matters concerning the acquisition of a railroad's
interest in a corridor under this chapter. As added by P.L.59-2005, SEC.3.
IC 8-4.5-4-2 Purposes of acquisition
Sec. 2. The state may acquire any part of a railroad's interest in a
corridor under this chapter for any of the following purposes:
(1) A present or future rail line.
(2) A transportation corridor.
(3) A communication corridor.
(4) A recreational trail.
(5) A utility corridor.
(6) The preservation of a railroad corridor.
(7) Any combination of purposes described in subdivisions (1)
through (6). As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.7.
IC 8-4.5-4-3 County meeting to consider acquisitions
Sec. 3. (a) The Indiana department of transportation shall hold at
least one (1) public meeting in a county through which the corridor
passes before determining whether the state should acquire a
railroad's interest in a corridor that is proposed to be abandoned.
Notice of the meeting must be given in accordance with IC 5-14-1.5.
(b) In addition to the notice requirements of IC 5-14-1.5, the
department shall give notice of a meeting under this section to the
following:
(1) The county commissioners of each county through which
the railroad's interest in the proposed abandoned corridor
passes.
(2) The legislative body of each city or town:
(A) through which the railroad's interest in the corridor
passes; or
(B) that is within one (1) mile of any part of the railroad's
interest in the corridor.
(3) The railroad that proposes to abandon the railroad's interest
in the corridor.
(4) The Indiana utility regulatory commission.
Notice must be given to the persons described in subdivisions (1)
through (4) not later than the date notice is required to be published
under IC 5-14-1.5.
(c) The department may hold additional meetings before making
a determination under this chapter.
(d) The department shall hold a meeting under this section in each
county through which the railroad's interest in the corridor passes. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.8;
P.L.59-2005, SEC.4.
IC 8-4.5-4-4 Factors to be considered
Sec. 4. In determining whether the state should acquire any part
of a railroad's interest in a corridor, the Indiana department of
transportation shall consider the following factors:
(1) The potential for future use of the railroad's interest in the
corridor as a freight or high-speed passenger rail line,
considering the following:
(A) The potential need for use of the railroad's interest in the
corridor for future transportation purposes.
(B) The cost of maintaining the railroad's interest in the
corridor during any time before the future transportation use
will begin.
(C) The effect of any interim use and the future
transportation use of the railroad's interest in the corridor on
property owners.
(D) Any relevant requirement of any federal law.
(E) Any other factor the department considers relevant.
(2) Based on the recommendation of the department of natural
resources, the potential for recreational use of the railroad's
interest in the corridor considering the following:
(A) The recreational value of the railroad's interest in the
corridor.
(B) The feasibility of using the railroad's interest in the
corridor for recreation.
(C) The likelihood that there may be significant recreational
use of the railroad's interest in the corridor if the railroad's
interest in the corridor is converted to a recreational trail.
(D) The general acceptability of the proposed recreational
use of the railroad's interest in the corridor to property
owners and the community at large.
(E) The existence of a willing person, whether public or
private, to operate the railroad's interest in the corridor for
the proposed recreational use.
(F) Any relevant requirement of any federal law.
(G) Any other factor the department considers relevant.
(3) The potential for the use of the railroad's interest in the
corridor for communications or utility use.
(4) Whether there are funds to acquire the railroad's interest in
the corridor. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.9.
IC 8-4.5-4-5
Repealed
(Repealed by P.L.59-2005, SEC.5.)
IC 8-4.5-4-6 Acquisition
Sec. 6. (a) If:
(1) a determination is made under this chapter to acquire the
railroad's interest in the corridor; and
(2) money is available in the fund;
the state shall acquire the railroad's interest in the corridor under
IC 4-20.5-3.
(b) An acquisition by the state under this chapter does not deprive
a public utility of the use of all or part of the railroad's interest in the
corridor, if, at the time of acquisition:
(1) the public utility is occupying and using all or part of the
railroad's interest in that corridor for the location and operation
of its facilities; or
(2) the public utility has acquired an interest for use of all or
part of the railroad's interest in the corridor. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.11.
IC 8-4.5-4-7 Deposit of revenues
Sec. 7. If the state acquires any interest in the corridor under this
article, all revenues from a railroad's interest in a corridor acquired
under this chapter, including payments derived from public utility or
other easements, must be deposited in the fund. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.12.
IC 8-4.5-4-8 Acquisition for recreational purpose
Sec. 8. If a railroad's interest in a corridor is acquired under this
chapter for a recreational purpose, the railroad's interest in the
corridor must be developed and operated under IC 8-4.5-5. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.13.
IC 8-4.5-4
Chapter 4. Acquisition of Abandoned Rights-of-Way by the State
IC 8-4.5-4-1 Acquisition of railroad's interest
Sec. 1. The Indiana department of transportation shall determine
whether the state should acquire a railroad's interest in a corridor that
is proposed to be abandoned. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6;
P.L.59-2005, SEC.2.
IC 8-4.5-4-1.5 Assistance in acquisition of railroad's interest
Sec. 1.5. The board shall advise and assist the Indiana department
of transportation in matters concerning the acquisition of a railroad's
interest in a corridor under this chapter. As added by P.L.59-2005, SEC.3.
IC 8-4.5-4-2 Purposes of acquisition
Sec. 2. The state may acquire any part of a railroad's interest in a
corridor under this chapter for any of the following purposes:
(1) A present or future rail line.
(2) A transportation corridor.
(3) A communication corridor.
(4) A recreational trail.
(5) A utility corridor.
(6) The preservation of a railroad corridor.
(7) Any combination of purposes described in subdivisions (1)
through (6). As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.7.
IC 8-4.5-4-3 County meeting to consider acquisitions
Sec. 3. (a) The Indiana department of transportation shall hold at
least one (1) public meeting in a county through which the corridor
passes before determining whether the state should acquire a
railroad's interest in a corridor that is proposed to be abandoned.
Notice of the meeting must be given in accordance with IC 5-14-1.5.
(b) In addition to the notice requirements of IC 5-14-1.5, the
department shall give notice of a meeting under this section to the
following:
(1) The county commissioners of each county through which
the railroad's interest in the proposed abandoned corridor
passes.
(2) The legislative body of each city or town:
(A) through which the railroad's interest in the corridor
passes; or
(B) that is within one (1) mile of any part of the railroad's
interest in the corridor.
(3) The railroad that proposes to abandon the railroad's interest
in the corridor.
(4) The Indiana utility regulatory commission.
Notice must be given to the persons described in subdivisions (1)
through (4) not later than the date notice is required to be published
under IC 5-14-1.5.
(c) The department may hold additional meetings before making
a determination under this chapter.
(d) The department shall hold a meeting under this section in each
county through which the railroad's interest in the corridor passes. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.8;
P.L.59-2005, SEC.4.
IC 8-4.5-4-4 Factors to be considered
Sec. 4. In determining whether the state should acquire any part
of a railroad's interest in a corridor, the Indiana department of
transportation shall consider the following factors:
(1) The potential for future use of the railroad's interest in the
corridor as a freight or high-speed passenger rail line,
considering the following:
(A) The potential need for use of the railroad's interest in the
corridor for future transportation purposes.
(B) The cost of maintaining the railroad's interest in the
corridor during any time before the future transportation use
will begin.
(C) The effect of any interim use and the future
transportation use of the railroad's interest in the corridor on
property owners.
(D) Any relevant requirement of any federal law.
(E) Any other factor the department considers relevant.
(2) Based on the recommendation of the department of natural
resources, the potential for recreational use of the railroad's
interest in the corridor considering the following:
(A) The recreational value of the railroad's interest in the
corridor.
(B) The feasibility of using the railroad's interest in the
corridor for recreation.
(C) The likelihood that there may be significant recreational
use of the railroad's interest in the corridor if the railroad's
interest in the corridor is converted to a recreational trail.
(D) The general acceptability of the proposed recreational
use of the railroad's interest in the corridor to property
owners and the community at large.
(E) The existence of a willing person, whether public or
private, to operate the railroad's interest in the corridor for
the proposed recreational use.
(F) Any relevant requirement of any federal law.
(G) Any other factor the department considers relevant.
(3) The potential for the use of the railroad's interest in the
corridor for communications or utility use.
(4) Whether there are funds to acquire the railroad's interest in
the corridor. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.9.
IC 8-4.5-4-5
Repealed
(Repealed by P.L.59-2005, SEC.5.)
IC 8-4.5-4-6 Acquisition
Sec. 6. (a) If:
(1) a determination is made under this chapter to acquire the
railroad's interest in the corridor; and
(2) money is available in the fund;
the state shall acquire the railroad's interest in the corridor under
IC 4-20.5-3.
(b) An acquisition by the state under this chapter does not deprive
a public utility of the use of all or part of the railroad's interest in the
corridor, if, at the time of acquisition:
(1) the public utility is occupying and using all or part of the
railroad's interest in that corridor for the location and operation
of its facilities; or
(2) the public utility has acquired an interest for use of all or
part of the railroad's interest in the corridor. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.11.
IC 8-4.5-4-7 Deposit of revenues
Sec. 7. If the state acquires any interest in the corridor under this
article, all revenues from a railroad's interest in a corridor acquired
under this chapter, including payments derived from public utility or
other easements, must be deposited in the fund. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.12.
IC 8-4.5-4-8 Acquisition for recreational purpose
Sec. 8. If a railroad's interest in a corridor is acquired under this
chapter for a recreational purpose, the railroad's interest in the
corridor must be developed and operated under IC 8-4.5-5. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,
SEC.13.
