IC 8-4 ARTICLE 4. ORGANIZATION AND OPERATION OF
RAILROADS
IC 8-4-1
Chapter 1. Incorporation of Railroad Companies
IC 8-4-1-1 Incorporation; capitalization; articles of association; election of
directors
Sec. 1. (a) A railroad may incorporate under any of the following:
(1) This chapter.
(2) The Indiana Business Corporation Law (IC 23-1).
(3) Any other applicable statute.
(b) Any number of persons, not less than fifteen (15), being
subscribers to the stock of any contemplated railroad may be formed
into a corporation for the purpose of constructing, owning, and
maintaining such railroad by complying with the following
requirements:
(1) Whenever stock to the amount (measured by the
consideration to be received therefor) of at least fifty thousand
dollars ($50,000), or one thousand dollars ($1,000) for each and
every mile of the proposed road, shall have been subscribed, the
subscribers to such stock shall elect directors for such company
from their own number and shall severally subscribe articles of
association in which shall be set forth the following:
(A) The name of the corporation.
(B) The total number of shares into which its authorized
capital stock is to be divided.
(C) Whether all or part of said shares are to have a par value
and if so, the number and par value of such shares.
(D) Whether all or part of said shares are to be without par
value and if so, the number of such shares.
(E) The consideration for which the company may issue and
sell its shares without par value or authorization to the board
of directors to fix such consideration from time to time.
(F) If said shares are to be divided into classes or kinds, the
designations of the different classes, the number and par
value, if any, of the shares of each class, and a statement of
the relative rights, preferences, limitations, restrictions, and
voting rights of each class.
(G) The number of directors and their names to manage the
affairs of the company.
(H) The names of the place from which and the place to
which the proposed road is to be constructed and each
county into which or through which it is intended to pass.
(I) Its length as near as may be.
(2) Each subscriber to such articles of association shall state his
place of residence and the number and class (if there be more
than one (1) class) of shares taken by him in such company. (Formerly: Acts 1852, 1RS, c.83, s.1; Acts 1933, c.101, s.7.) As
amended by P.L.75-1990, SEC.1.
IC 8-4-1-2 Shareholders; preemptive rights
Sec. 2. The shareholders of any railroad company, now organized
or hereafter to be organized under the laws of this state, shall have no
preemptive rights to subscribe to or purchase any additional issues
of shares of the capital stock of the corporation of any class nor any
shares of the corporation purchased or acquired by the corporation
and not canceled but held as treasury stock except to the extent, if
any, that such rights shall be fixed and stated in the articles of
association. (Formerly: Acts 1852, 1RS, c.83, s.1a; Acts 1957, c.69, s.1.)
IC 8-4-1-3 Articles of association; filing with secretary of state
Sec. 3. Articles of association formed under section 1 of this
chapter shall be filed in the office of the secretary of state; and,
thereupon, the persons who have subscribed the same, and all
persons who shall, from time to time, become stockholders in such
company, and their successors, shall be a body politic and corporate,
in perpetuity, by the name stated in such articles of association; and
may sue or be sued; and may have a common seal, and may make and
alter the same at pleasure; and shall be capable, in law, of
purchasing, holding, and conveying any real and personal property
whatever, necessary for the construction of such road and for the
erection of all necessary buildings and yards and appurtenances for
the use of the same. A copy of any articles of association filed in
pursuance of this chapter, and certified to be a copy, by the secretary
of state or his deputy, shall, in all courts and places, be presumptive
evidence of the incorporation of such company and of the facts stated
therein. (Formerly: Acts 1852, 1RS, c.83, s.2.) As amended by P.L.62-1984,
SEC.32.
IC 8-4-1-4 Subscriptions to the stock
Sec. 4. The directors named in section 1 of this chapter shall open
books for subscription to the capital stock of the company, at such
times and in such places as a majority of them may direct, due
notices of which shall be given; and in case a greater amount of stock
shall be subscribed than the whole capital required by such company,
the directors shall distribute such capital stock, so subscribed, as
equally as possible among the subscribers, but no share thereof shall
be divided in making such distribution, nor shall a greater number of
shares be allotted to any one (1) subscriber than by him subscribed
for. (Formerly: Acts 1852, 1RS, c.83, s.3.) As amended by P.L.62-1984,
SEC.33.
IC 8-4-1-5 Shareholders; annual meeting; directors, election, and term
Sec. 5. There shall be an annual meeting of the stockholders (to
be held in one (1) of the counties in which or through which such
road is proposed to be or may be constructed) for the election of
directors to serve for the ensuing year, notice of which, appointing
a time and place, shall be given by the directors chosen as provided
in section 1 of this chapter for the first annual election, and,
afterward, by their successors in office; which notice shall be
published not less than twenty (20) days previous thereto in a
newspaper published in each county through which such road shall
be intended to run (if there be stockholders residing therein) in which
a newspaper shall be published; and if no newspaper be published
therein, then by six (6) written or printed notices put up in the most
public places in such county; provided, however, that the directors
may prescribe by bylaw a place outside the state for the holding of
annual meetings, or, notwithstanding the limitations of section 10 of
this chapter, by resolution adopted at any meeting by stockholders
holding shares representing two-thirds (2/3) of the voting power of
the capital stock entitled to vote at any annual meeting. Three (3)
judges of election shall be chosen by the board of directors previous
to any annual meeting of the stockholders, who shall be stockholders
but not directors at the time of such election, whose duty it shall be
to receive the votes of the stockholders at such election for directors,
and who shall openly count the votes and declare the result, and shall
furnish the directors elected at such meeting of the stockholders with
a certificate of their election, which certificate shall be evidence of
their authority to act as such directors. Not less than seven (7) nor
more than thirteen (13) directors shall be chosen at such meeting of
stockholders, by ballot, and by a majority of the votes of the
stockholders present in person or by proxy. No person shall be a
director unless he shall be a stockholder, owning stock absolutely in
his own right, and qualified to a vote for directors at the election at
which he shall be chosen. The directors shall hold their office for one
(1) year and until others are elected in their places. (Formerly: Acts 1852, 1RS, c.83, s.4; Acts 1933, c.101, s.8; Acts
1955, c.139, s.1.) As amended by P.L.62-1984, SEC.34.
IC 8-4-1-6 Meetings of shareholders; notice; requisites
Sec. 6. Meetings of the stockholders may be called at any time
during the interval between the annual meetings, by the directors or
by the stockholders owning not less than one-fourth (1/4) of the
stock, by giving thirty (30) days public notice of the time and place
of the meetings, in the manner provided in section 5 of this chapter
for the annual meetings; and when any such meeting is called by the
stockholders, the particular object of such meeting shall be stated in
such notice, and if at any such meeting thus called, a majority in
value of the stockholders are not represented in person or by proxy,
such meeting shall be adjourned from day to day, not exceeding three
(3) days, without transacting any business; and if, within said three
(3) days, stockholders having a majority of the stock do not attend
such meeting, then the meeting shall be dissolved. (Formerly: Acts 1852, 1RS, c.83, s.5.) As amended by P.L.62-1984,
SEC.35.
IC 8-4-1-7 Meetings of shareholders; annual report; removal of officers
Sec. 7. At a regular meeting of the stockholders of any such
corporation, it shall be the duty of the president and directors in
office for the preceding year to exhibit a clear and distinct statement
of the affairs of said company; and at any meeting of the
stockholders, a majority of those present, in person or by proxy, may
require similar statements from the directors, whose duty it shall be
to furnish them when thus required: and at all general meetings of the
stockholders, a majority in value of the stockholders in such
company may remove any president or any director of such company,
and elect another in their stead; provided, notice of such intended
removal shall have been given as required in sections 5 and 6 of this
chapter. (Formerly: Acts 1852, 1RS, c.83, s.6.) As amended by P.L.62-1984,
SEC.36.
IC 8-4-1-8 Directors; elections; president and other officers; appointment or
election
Sec. 8. In case it shall happen, at any time, that an election of
directors shall not be made on the day designated by the bylaws of
the company, when it ought to have been made, the company, for that
reason, shall not be dissolved if, within ninety (90) days thereafter,
they shall hold an election for directors in such manner as shall be
provided by the bylaws of the company. There shall be a president
of the company who shall be chosen by and from the directors, and
also such subordinate officers as the company, by its bylaws, may
designate, who may be elected or appointed, and required to give
such security for the faithful performance of the duties of their
offices as the company, by its bylaws, may require; provided, that
nothing contained in this section shall be so construed as to prevent
the stockholders from removing a president and electing another in
his place in the manner prescribed in section 7 of this chapter. (Formerly: Acts 1852, 1RS, c.83, s.7.) As amended by P.L.62-1984,
SEC.37.
IC 8-4-1-9 Stock subscriptions; demands for payment
Sec. 9. It shall be lawful for the directors to call in and demand
from the stockholders, respectively, any sums of money by them
subscribed, in such payments or instalments as the directors shall
deem proper, under the penalty of forfeiting the shares of stock
subscribed for and all previous payments made thereon if payment
shall not be made by the stockholders within thirty (30) days after
personal demand, or notice, requiring such payment, shall have been
made in each county through which such road shall be laid out in
which a newspaper shall be published: Provided, That subscriptions
shall not be required to be paid except in equal instalments of not
more than ten (10) per cent a month. (Formerly: Acts 1852, 1RS, c.83, s.8.)
IC 8-4-1-10 By-laws; officers and employees; appointment and duties
Sec. 10. The directors of such company shall have power to make
by-laws for the management and disposition of stock, property and
business affairs of such company not inconsistent with the laws of
this state, and prescribing the duties of officers, artificers, and
servants, that may be employed, and for the appointment of all the
officers for carrying on all business within the object and purposes
of such company. (Formerly: Acts 1852, 1RS, c.83, s.9.)
IC 8-4-1-11 Stock certificates; issuance and transfer
Sec. 11. Each shareholder shall be entitled to a certificate, signed
by the president or a vice-president and the secretary or an assistant
secretary or the treasurer or an assistant treasurer, certifying the
number of shares of stock owned by him in the company; which
shares shall be deemed personal estate, and shall be transferable in
the manner prescribed in the by-laws of the company; but no shares
shall be transferable until all previous calls thereon shall have been
fully paid in, or the shares shall have been forfeited for the
nonpayment of calls thereon. Where any such certificate is signed by
a transfer agent or transfer clerk and by a registrar, the signature of
any such president, vice-president, secretary, assistant secretary,
treasurer or assistant treasurer upon such certificate may be
facsimiles, engraved or printed. In case any such officer who has
signed or whose facsimile signature has been placed upon such
certificate shall have ceased to be such before such certificate is
issued, it may be issued by the company with the same effect as if
such officer had not ceased to be such at the date of its issue. All
certificates, including those heretofore issued, which are signed in
facsimile, as authorized herein, shall be as valid and effectual for all
purposes as if signed by the proper officers. (Formerly: Acts 1852, 1RS, c.83, s.10; Acts 1941, c.120, s.1.)
IC 8-4-1-12 Certificate of capitalization
Sec. 12. The president and a majority of the directors, within
thirty (30) days after the payment of the last instalment of the capital
stock so fixed and limited by the company, shall make a certificate,
stating the amount of capital stock so fixed and paid in, which
certificate shall be signed by the president and a majority of the
directors, and sworn to by the president and secretary, and they shall,
within the said thirty (30) days, file and record the same in the office
of the secretary of state. (Formerly: Acts 1852, 1RS, c.83, s.11.)
IC 8-4-1-13 Maps and route profile; filing
Sec. 13. Every such company, before proceeding to construct a
part of their road into or through any county named in its articles of
association, shall make a map and profile of the route intended to be
adopted by such company, which shall be certified by a majority of
the directors, and filed in the office of the clerk of such county, for
the inspection and examination of all parties interested therein. (Formerly: Acts 1852, 1RS, c.83, s.12.)
IC 8-4-1-14 General powers and duties; enumeration
Sec. 14. (a) Every such corporation shall possess the general
powers, and be subject to the liabilities and restrictions, expressed in
the special powers following:
(1) To cause such examination and surveys for the proposed
railroad to be made as may be necessary to the selection of the
most advantageous route for the railroad, and, for such
purposes, by their officers, agents, and servants, to enter upon
the lands or waters of any person, but subject to responsibility
for all damages which they shall do thereto.
(2) To receive, hold, and take such voluntary grants and
donations of real estate and other personal property as shall be
made to it to aid in the construction, maintenance, and
accommodation of such railroad; but the real estate thus
received by voluntary grants shall be held and used for the
purposes of such grants only.
(3) To purchase, and, by voluntary grants and donations receive
and take, and, by its officers, engineers, surveyors, and agents,
enter upon, take possession of, hold, and use all such lands and
real estate and other property as may be necessary for the
construction and maintenance of its railroad stations, depots,
and other accommodations necessary to accomplish the objects
for which the corporation is created; but not until the
compensation to be made therefor, as agreed upon by the parties
or ascertained as prescribed in this chapter, shall have been paid
to the owner or owners thereof, or deposited as directed by this
chapter, unless the consent of such owner be given to enter into
possession.
(4) To lay out its road, not exceeding six (6) rods wide, and to
construct the same; and for the purposes of cuttings,
embankments, and procuring stone and gravel, or the
improvement of its road by the construction of additional main
tracks, switches, or passing sidings, it may take as much more
lands, within the limits of its charter, in the manner provided in
this chapter, as may be necessary for the proper construction,
improvement, and security of the road.
(5) To construct its road upon or across any stream of water,
watercourse, highway, railroad, or canal, so as not to interfere
with the free use of the same, which the route of its road shall
intersect, in such manner as to afford security for life and
property; but the corporation shall restore the stream or
watercourse, road, or highway thus intersected to its former
state, or in a sufficient manner not to unnecessarily impair its
usefulness or injure its franchises.
(6) To cross, intersect, join, and unite its railroad with any other
railroad before constructed, at any point on its route and upon
the grounds of such other railroad company, with the necessary
turn-outs, sidings, switches, and other conveniences, in
furtherance of the objects of its connections; and every
company whose railroad is intersected on or after May 6, 1852,
by any new railroad shall unite with the owners of such new
railroad in forming such intersections and connections, and
grant the facilities aforesaid; and if the two (2) corporations can
not agree upon the amount of compensation to be made
therefor, or the points or manner of such crossings and
connections, the same shall be ascertained and determined by
commissioners, to be appointed as is provided in this chapter in
respect to the taking of lands; but this section shall not affect
the rights or franchises granted before May 6, 1852.
(7) To purchase lands or take them in order that it may change
the line of its road, whenever a majority of the directors shall so
determine, as is provided in this chapter, but no change shall
vary the general route of such road.
(8) To take, transport, carry, and convey persons and property
on its railroad by the force and power of steam or animals or of
any mechanical power, or by any combination of them, and
receive tolls or compensation therefor.
(9) To erect and maintain all necessary and convenient
buildings, stations, depots, fixtures, and machinery for the
accommodation and use of their passengers, freight, and
business, and obtain and hold the lands necessary therefor.
(10) To regulate the time and manner in which passengers and
property shall be transported, and the tolls and compensation to
be paid therefor.
(b) In all proceedings authorized by this chapter to take land for
the construction of additional main tracks, switches, or passing
sidings, the burden of proof shall be upon the corporation to prove in
a court of competent jurisdiction its right to take such land and the
necessity therefor, preliminary to assessment of damages; and in
estimating damages, the damages of all persons, firms, limited
liability company, or corporations shall be computed as in other
cases, to which shall be added compensation for all such injuries,
interruptions, and destruction to any trade, business, contract,
occupation, residence, or industry involved, the expense and
difficulty in obtaining a new location and in relocating such business
or industry, as may not be elements of damage under any law other
than this chapter; provided, that nothing contained in this chapter
shall repeal, affect, or modify any powers or duties of the
commission or any obligations imposed upon railroads by statute
other than this chapter, nor impliedly nor expressly repeal, affect, or
modify any other statute of this state. (Formerly: Acts 1852, 1RS, c.83, s.13; Acts 1911, c.82, s.1.) As
amended by P.L.62-1984, SEC.38; P.L.23-1988, SEC.82;
P.L.8-1993, SEC.140.
IC 8-4-1-15 Eminent domain; right to acquire title
Sec. 15. In case any company formed under this chapter is unable
to agree for the purchase of any real estate, in any county, required
for the construction of the track, turn-outs and water stations, it shall
have the right to acquire the title to the same in the manner and by
the special proceedings prescribed in this chapter. (Formerly: Acts 1852, 1RS, c.83, s.14.) As amended by P.L.62-1984,
SEC.39.
IC 8-4-1-16 Eminent domain; damages; appraisals; appeals
Sec. 16. (a) A corporation formed under this chapter is authorized
to enter upon any land for the purpose of examining and surveying
its railroad line and may appropriate as much land as is deemed
necessary for its railroad, including necessary side-tracks and water
stations, materials for constructing, except timber, a right-of-way
over adjacent lands sufficient to enable the company to construct and
repair its road, and a right to conduct water by aqueducts, and the
right of making proper drains.
(b) The corporation shall deposit with the clerk of the circuit court
of the county where the land lies, a description of the rights and
interests intended to be appropriated. The land, rights, and interests
shall belong to the company, to use for the purpose specified, by
making or tendering payment as provided in this section.
(c) The corporation may, by its directors, purchase lands,
materials, rights-of-way, or interests of the owner of the land, or, in
case the land is owned by a mentally incompetent person or a person
under eighteen (18) years of age, at a price to be agreed upon by the
guardian or parent of the mentally incompetent person or person
under eighteen (18) years of age, if the land, material, right-of-way,
or interest is appraised by the court in which the description is filed.
Upon agreement and approval, the owner, guardian, or parent, as the
case may be, shall convey the premises purchased, in fee simple or
otherwise, as the parties may agree, to the railroad corporation. The
deed, when made, shall be valid in law.
(d) If the corporation does not agree with the owner of the land,
or with the owner's guardian, if the owner is incapable of contracting,
concerning the damages sustained by the appropriation, the
corporation shall deliver to the owner or guardian, if within the
county, a copy of the instrument of appropriation. If the owner or the
owner's guardian, in case the owner is incapable of contracting, is
unknown or does not reside within the county, the corporation shall
publish, in a newspaper of general circulation in the county, for three
(3) weeks, an advertisement, concerning the substance of the
instrument of appropriation.
(e) Upon filing an act of appropriation and delivery of a copy, or
making the publication, the circuit court in the county where the land
lies, upon the application of either party, shall appoint, by warrant:
(1) one (1) disinterested freeholder of the county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to appraise the damages which the
owner of the land may sustain by the appropriation. One (1) of the
appraisers appointed under subdivision (2) must reside not more than
fifty (50) miles from the land. The appraisers shall be duly sworn.
They shall consider the injury that the owner may sustain by reason
of the railroad. The appraisers shall return their assessment of
damages to the clerk of the court, setting forth the value of the
property taken or injury to the property which they assess to the
owner, or owners separately, to be filed and recorded by the clerk.
The corporation shall pay to the clerk the amount thus assessed, or
tender the amount to the party in whose favor the damages are
awarded or assessed.
(f) On making payment or tender in the manner required, it is
lawful for the corporation to hold the interests in the lands or
materials appropriated, and to use the materials on the roadway and
within fifty (50) feet on each side of the center of the roadway. The
cost of the award shall be paid by the corporation. On notice by any
interested party, the court may order payment and enforce the
payment by execution.
(g) The award of the arbitrators may be reviewed by the court in
which proceedings may be had, on written exceptions filed by either
party in the clerk's office within twenty (20) days after the filing of
the award. Notice of filing of the arbitrators' award shall be given by
the clerk of the court to all known parties to the action and their
attorneys of record by certified mail. The period of exceptions shall
run from and after the date of mailing. The court shall make an order
as right and justice may require by ordering a new appraisement on
good cause shown.
(h) Notwithstanding an appeal, the corporation may take
possession of the property described in the exceptions, and the
subsequent proceedings on the appeal only affect the amount of
compensation to be allowed. If, prior to the assessment, the
corporation shall tender to the owner (or the owner's guardian, if the
owner is unable to contract) an amount equal to the award that was
made, exclusive of costs, the costs of arbitration shall be paid equally
by the corporation and the owner or guardian.
(Formerly: Acts 1852, 1RS, c.83, s.15; Acts 1973, P.L.22, SEC.4;
Acts 1973, P.L.23, SEC.3.) As amended by P.L.33-1989, SEC.7;
P.L.113-2006, SEC.3.
IC 8-4-1-17 Eminent domain; conflicting claimants to compensation; judicial
determination
Sec. 17. If there are adverse or conflicting claimants to the money,
or any part of it, to be paid as compensation for the real estate taken,
the court may direct the money to be paid into the said court by the
company, or take security for the same until it can determine who is
entitled to the same, and shall direct to whom the same shall be paid,
and may, in its discretion, order a reference, to ascertain the facts on
which such determination and order are to be made. (Formerly: Acts 1852, 1RS, c.83, s.16.)
IC 8-4-1-18 Eminent domain; court appointed attorney for absentees or
persons unknown
Sec. 18. The court shall appoint some competent attorney to
appear for and protect the rights of any party in interest who is
unknown, or whose residence is unknown, and who has not appeared
in the proceedings by an attorney or agent. The court shall also have
power, at any time, to amend any defect or informality in any of the
special proceedings authorized by this chapter as may be necessary,
or to cause new parties to be added, and to direct such further notice
to be given to any party in interest, as it deems proper; and also to
appoint other commissioners in the place of any who shall die or
refuse or neglect or are unable to serve, or who may leave or be
absent from the state. (Formerly: Acts 1852, 1RS, c.83, s.17.) As amended by P.L.62-1984,
SEC.40.
IC 8-4-1-19 Eminent domain; stay of proceedings; perfecting defective title
Sec. 19. At any time after an attempt to acquire title by appraisal
of damages or otherwise, if it shall be found that the title thereby
attempted to be acquired is defective, the company may proceed
anew to acquire or perfect the same in the same manner as if no
appraisal had been made. At any stage of such new proceedings, the
court may authorize the corporation, if in possession, to continue in
possession, and, if not in possession, to take possession of and use
such real estate during the pendency and until the final conclusion of
such new proceedings; and may stay all actions and proceedings
against the company, or any officer, agent or workman of such
company, on account thereof, on such company paying into court a
sufficient sum, as the court may direct to pay the compensation
therefor when finally ascertained; and in every such case, the party
interested in such real estate may conduct the proceedings to a
conclusion, if the company delays or omits to prosecute the same.
(Formerly: Acts 1852, 1RS, c.83, s.18.)
IC 8-4-1-20 Financing of operations; loans and issue of security
Sec. 20. Such company may, from time to time, borrow such sums
of money as they may deem necessary for completing or operating
their railroad, and issue and dispose of their bonds for any amounts
so borrowed, for such sums, and at such rate of interest as is allowed
by the laws of the state where such contract is made, and mortgage
their corporate property and franchises to secure the payment of any
debt contracted by such company; and the directors of such company
may confer on any holder of any bond issued for money borrowed as
aforesaid the right to convert the principal due or owing thereon into
stock of said company, at any time not exceeding fifteen (15) years
from the date of said bond, under such regulations as the company
may adopt; and such company may sell their bonds, either within or
without this state, at such rates and prices as permitted by law, and
such sales shall be as valid as if such bonds should be sold at par
value. (Formerly: Acts 1852, 1RS, c.83, s.19.)
IC 8-4-1-21 Alteration in lines
Sec. 21. If, at any time after the location of the track of such road,
in whole or in part, and the filing of the map thereof, it shall appear
to the directors of such company that the line thereof may be
improved, such directors may, from time to time, alter the line, and
cause a new map to be filed in the office where the map showing the
first location is filed, and may thereupon take possession of the lands
embraced in such new location that may be required for the
construction and maintenance of such road on such new line, either
by agreement with the owner or by such proceedings as are
authorized under this chapter, and use the same in place of the line
for which the new is substituted. But nothing in this chapter shall be
so construed as to confer upon any railroad company already
incorporated, any powers to locate its road on any route which would
not have been authorized by the charters previously granted. And
nothing in this chapter contained shall authorize the said company to
make a location of their track within any city without the consent of
the common council of said city; nor shall the company have power
so to change their road as to avoid any point named in their articles
of association. (Formerly: Acts 1852, 1RS, c.83, s.21.) As amended by P.L.62-1984,
SEC.41.
IC 8-4-1-22 Railroad crossings; grade separation
Sec. 22. Whenever the track of such railroad shall cross a road or
highway, such road or highway may be carried under or over the
track, as may be most expedient; and in cases where an embankment
or cutting shall make a change in the line of such road or highway
desirable, with a view to a more easy ascent or descent, the said
company may take such additional lands for the construction of such
road or highway, or such new line, as may be deemed requisite by
said directors. Unless the lands so taken shall be purchased or
voluntarily given for the purposes aforesaid, compensation therefor
shall be ascertained, in the manner in this chapter provided, as nearly
as may be, and duly made by such corporation to the owners and
persons interested in such lands; and the same, when so taken and
compensation made, to become part of such intersecting road or
highway, in such manner and by such terms as the adjacent parts of
such highway may be held for highway purposes. (Formerly: Acts 1852, 1RS, c.83, s.22.) As amended by P.L.62-1984,
SEC.42.
IC 8-4-1-23 Public lands; acquisition; location upon grounds of state
institutions
Sec. 23. If any corporation shall, for its purposes aforesaid,
require any land belonging to the state or to any county or town, the
general assembly and the county and town officers respectively
having charge of such lands may grant such lands to such corporation
upon such terms as shall be agreed upon; and if they shall not so
agree, the same may be taken by the corporation in the same manner
as provided in other cases. No railroad shall be located upon or
across the grounds of the state occupied by the institutions for
individuals who are:
(1) insane;
(2) blind; or
(3) deaf and without speech. (Formerly: Acts 1852, 1RS, c.83, s.23.) As amended by P.L.99-2007,
SEC.32.
IC 8-4-1-24 Employees; identification badges
Sec. 24. Every conductor, baggagemaster, engineer, brakeman, or
other servant of any such railroad corporation, employed on a
passenger train or at stations for passengers, shall wear upon his hat
or cap a badge, which shall indicate his office and the initialed letters
of the style of the corporation by which he is employed. No collector
or conductor, without such badge, shall demand or be entitled to
receive from any passenger any fare, toll or ticket, or exercise any of
the powers of his office; and no other of said officers or servants,
without such badge, shall have any authority to meddle or interfere
with any passenger or property. (Formerly: Acts 1852, 1RS, c.83, s.24.)
IC 8-4-1-25 State lien for penalties, taxes, and dues
Sec. 25. The state shall have a lien upon all railroads of such
corporations and their appurtenances and stock therein for all
penalties, taxes and dues which may accrue to the state from such
corporations; which lien of the state shall have precedence of all
demands, judgments or decrees against said corporations. And the
citizens of this state shall have a lien upon all personal property of
said corporations, to the amount of one hundred dollars ($100), for
all debts originally contracted within this state, which, after said lien
of the state, shall take precedence of all other debts, demands,
judgments or decrees, liens or mortgages against such corporations. (Formerly: Acts 1852, 1RS, c.83, s.26.)
IC 8-4-1-26
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-27
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-28
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-29
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-30
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-31 Maps and profiles; certificates of proposed line; filing
Sec. 31. Every corporation shall, within a reasonable time after
their road shall be located, cause to be made:
First. A map and profile thereof, and of the land taken and
obtained for the use thereof, and file the same in the office of the
secretary of state; and also like maps of the parts thereof located in
different counties, and file the same in the office of the clerk of the
county in which said parts of said road shall be, there to remain as of
record forever.
Second. A certificate specifying the line upon which it is proposed
to construct the railroad, and the grades and curves. (Formerly: Acts 1852, 1RS, c.83, s.33.)
IC 8-4-1-32 Failure to complete road; voiding of corporation
Sec. 32. If any such corporation shall not, within three (3) years
after its incorporation, begin the construction of its road, and expend
thereon five (5) per cent of the amount of its capital, and finish the
road and put it in full operation in ten (10) years thereafter, its act of
incorporation shall become void. (Formerly: Acts 1852, 1RS, c.83, s.34.)
IC 8-4-1-33
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-34 Amendment or repeal of chapter
Sec. 34. This chapter may be amended or repealed at the
discretion of the legislature. (Formerly: Acts 1852, 1RS, c.83, s.37.) As amended by P.L.62-1984,
SEC.43.
IC 8-4-1-35 Stockholders; personal liability for labor
Sec. 35. The stockholders shall be individually liable to laborers,
their executors, administrators and assigns for all labor done in the
construction of said road and shall remain unpaid after the assets of
the corporation shall have been exhausted. (Formerly: Acts 1852, 1RS, c.83, s.38; Acts 1865(ss), c.25, s.1.)
IC 8-4 ARTICLE 4. ORGANIZATION AND OPERATION OF
RAILROADS
IC 8-4-1
Chapter 1. Incorporation of Railroad Companies
IC 8-4-1-1 Incorporation; capitalization; articles of association; election of
directors
Sec. 1. (a) A railroad may incorporate under any of the following:
(1) This chapter.
(2) The Indiana Business Corporation Law (IC 23-1).
(3) Any other applicable statute.
(b) Any number of persons, not less than fifteen (15), being
subscribers to the stock of any contemplated railroad may be formed
into a corporation for the purpose of constructing, owning, and
maintaining such railroad by complying with the following
requirements:
(1) Whenever stock to the amount (measured by the
consideration to be received therefor) of at least fifty thousand
dollars ($50,000), or one thousand dollars ($1,000) for each and
every mile of the proposed road, shall have been subscribed, the
subscribers to such stock shall elect directors for such company
from their own number and shall severally subscribe articles of
association in which shall be set forth the following:
(A) The name of the corporation.
(B) The total number of shares into which its authorized
capital stock is to be divided.
(C) Whether all or part of said shares are to have a par value
and if so, the number and par value of such shares.
(D) Whether all or part of said shares are to be without par
value and if so, the number of such shares.
(E) The consideration for which the company may issue and
sell its shares without par value or authorization to the board
of directors to fix such consideration from time to time.
(F) If said shares are to be divided into classes or kinds, the
designations of the different classes, the number and par
value, if any, of the shares of each class, and a statement of
the relative rights, preferences, limitations, restrictions, and
voting rights of each class.
(G) The number of directors and their names to manage the
affairs of the company.
(H) The names of the place from which and the place to
which the proposed road is to be constructed and each
county into which or through which it is intended to pass.
(I) Its length as near as may be.
(2) Each subscriber to such articles of association shall state his
place of residence and the number and class (if there be more
than one (1) class) of shares taken by him in such company. (Formerly: Acts 1852, 1RS, c.83, s.1; Acts 1933, c.101, s.7.) As
amended by P.L.75-1990, SEC.1.
IC 8-4-1-2 Shareholders; preemptive rights
Sec. 2. The shareholders of any railroad company, now organized
or hereafter to be organized under the laws of this state, shall have no
preemptive rights to subscribe to or purchase any additional issues
of shares of the capital stock of the corporation of any class nor any
shares of the corporation purchased or acquired by the corporation
and not canceled but held as treasury stock except to the extent, if
any, that such rights shall be fixed and stated in the articles of
association. (Formerly: Acts 1852, 1RS, c.83, s.1a; Acts 1957, c.69, s.1.)
IC 8-4-1-3 Articles of association; filing with secretary of state
Sec. 3. Articles of association formed under section 1 of this
chapter shall be filed in the office of the secretary of state; and,
thereupon, the persons who have subscribed the same, and all
persons who shall, from time to time, become stockholders in such
company, and their successors, shall be a body politic and corporate,
in perpetuity, by the name stated in such articles of association; and
may sue or be sued; and may have a common seal, and may make and
alter the same at pleasure; and shall be capable, in law, of
purchasing, holding, and conveying any real and personal property
whatever, necessary for the construction of such road and for the
erection of all necessary buildings and yards and appurtenances for
the use of the same. A copy of any articles of association filed in
pursuance of this chapter, and certified to be a copy, by the secretary
of state or his deputy, shall, in all courts and places, be presumptive
evidence of the incorporation of such company and of the facts stated
therein. (Formerly: Acts 1852, 1RS, c.83, s.2.) As amended by P.L.62-1984,
SEC.32.
IC 8-4-1-4 Subscriptions to the stock
Sec. 4. The directors named in section 1 of this chapter shall open
books for subscription to the capital stock of the company, at such
times and in such places as a majority of them may direct, due
notices of which shall be given; and in case a greater amount of stock
shall be subscribed than the whole capital required by such company,
the directors shall distribute such capital stock, so subscribed, as
equally as possible among the subscribers, but no share thereof shall
be divided in making such distribution, nor shall a greater number of
shares be allotted to any one (1) subscriber than by him subscribed
for. (Formerly: Acts 1852, 1RS, c.83, s.3.) As amended by P.L.62-1984,
SEC.33.
IC 8-4-1-5 Shareholders; annual meeting; directors, election, and term
Sec. 5. There shall be an annual meeting of the stockholders (to
be held in one (1) of the counties in which or through which such
road is proposed to be or may be constructed) for the election of
directors to serve for the ensuing year, notice of which, appointing
a time and place, shall be given by the directors chosen as provided
in section 1 of this chapter for the first annual election, and,
afterward, by their successors in office; which notice shall be
published not less than twenty (20) days previous thereto in a
newspaper published in each county through which such road shall
be intended to run (if there be stockholders residing therein) in which
a newspaper shall be published; and if no newspaper be published
therein, then by six (6) written or printed notices put up in the most
public places in such county; provided, however, that the directors
may prescribe by bylaw a place outside the state for the holding of
annual meetings, or, notwithstanding the limitations of section 10 of
this chapter, by resolution adopted at any meeting by stockholders
holding shares representing two-thirds (2/3) of the voting power of
the capital stock entitled to vote at any annual meeting. Three (3)
judges of election shall be chosen by the board of directors previous
to any annual meeting of the stockholders, who shall be stockholders
but not directors at the time of such election, whose duty it shall be
to receive the votes of the stockholders at such election for directors,
and who shall openly count the votes and declare the result, and shall
furnish the directors elected at such meeting of the stockholders with
a certificate of their election, which certificate shall be evidence of
their authority to act as such directors. Not less than seven (7) nor
more than thirteen (13) directors shall be chosen at such meeting of
stockholders, by ballot, and by a majority of the votes of the
stockholders present in person or by proxy. No person shall be a
director unless he shall be a stockholder, owning stock absolutely in
his own right, and qualified to a vote for directors at the election at
which he shall be chosen. The directors shall hold their office for one
(1) year and until others are elected in their places. (Formerly: Acts 1852, 1RS, c.83, s.4; Acts 1933, c.101, s.8; Acts
1955, c.139, s.1.) As amended by P.L.62-1984, SEC.34.
IC 8-4-1-6 Meetings of shareholders; notice; requisites
Sec. 6. Meetings of the stockholders may be called at any time
during the interval between the annual meetings, by the directors or
by the stockholders owning not less than one-fourth (1/4) of the
stock, by giving thirty (30) days public notice of the time and place
of the meetings, in the manner provided in section 5 of this chapter
for the annual meetings; and when any such meeting is called by the
stockholders, the particular object of such meeting shall be stated in
such notice, and if at any such meeting thus called, a majority in
value of the stockholders are not represented in person or by proxy,
such meeting shall be adjourned from day to day, not exceeding three
(3) days, without transacting any business; and if, within said three
(3) days, stockholders having a majority of the stock do not attend
such meeting, then the meeting shall be dissolved. (Formerly: Acts 1852, 1RS, c.83, s.5.) As amended by P.L.62-1984,
SEC.35.
IC 8-4-1-7 Meetings of shareholders; annual report; removal of officers
Sec. 7. At a regular meeting of the stockholders of any such
corporation, it shall be the duty of the president and directors in
office for the preceding year to exhibit a clear and distinct statement
of the affairs of said company; and at any meeting of the
stockholders, a majority of those present, in person or by proxy, may
require similar statements from the directors, whose duty it shall be
to furnish them when thus required: and at all general meetings of the
stockholders, a majority in value of the stockholders in such
company may remove any president or any director of such company,
and elect another in their stead; provided, notice of such intended
removal shall have been given as required in sections 5 and 6 of this
chapter. (Formerly: Acts 1852, 1RS, c.83, s.6.) As amended by P.L.62-1984,
SEC.36.
IC 8-4-1-8 Directors; elections; president and other officers; appointment or
election
Sec. 8. In case it shall happen, at any time, that an election of
directors shall not be made on the day designated by the bylaws of
the company, when it ought to have been made, the company, for that
reason, shall not be dissolved if, within ninety (90) days thereafter,
they shall hold an election for directors in such manner as shall be
provided by the bylaws of the company. There shall be a president
of the company who shall be chosen by and from the directors, and
also such subordinate officers as the company, by its bylaws, may
designate, who may be elected or appointed, and required to give
such security for the faithful performance of the duties of their
offices as the company, by its bylaws, may require; provided, that
nothing contained in this section shall be so construed as to prevent
the stockholders from removing a president and electing another in
his place in the manner prescribed in section 7 of this chapter. (Formerly: Acts 1852, 1RS, c.83, s.7.) As amended by P.L.62-1984,
SEC.37.
IC 8-4-1-9 Stock subscriptions; demands for payment
Sec. 9. It shall be lawful for the directors to call in and demand
from the stockholders, respectively, any sums of money by them
subscribed, in such payments or instalments as the directors shall
deem proper, under the penalty of forfeiting the shares of stock
subscribed for and all previous payments made thereon if payment
shall not be made by the stockholders within thirty (30) days after
personal demand, or notice, requiring such payment, shall have been
made in each county through which such road shall be laid out in
which a newspaper shall be published: Provided, That subscriptions
shall not be required to be paid except in equal instalments of not
more than ten (10) per cent a month. (Formerly: Acts 1852, 1RS, c.83, s.8.)
IC 8-4-1-10 By-laws; officers and employees; appointment and duties
Sec. 10. The directors of such company shall have power to make
by-laws for the management and disposition of stock, property and
business affairs of such company not inconsistent with the laws of
this state, and prescribing the duties of officers, artificers, and
servants, that may be employed, and for the appointment of all the
officers for carrying on all business within the object and purposes
of such company. (Formerly: Acts 1852, 1RS, c.83, s.9.)
IC 8-4-1-11 Stock certificates; issuance and transfer
Sec. 11. Each shareholder shall be entitled to a certificate, signed
by the president or a vice-president and the secretary or an assistant
secretary or the treasurer or an assistant treasurer, certifying the
number of shares of stock owned by him in the company; which
shares shall be deemed personal estate, and shall be transferable in
the manner prescribed in the by-laws of the company; but no shares
shall be transferable until all previous calls thereon shall have been
fully paid in, or the shares shall have been forfeited for the
nonpayment of calls thereon. Where any such certificate is signed by
a transfer agent or transfer clerk and by a registrar, the signature of
any such president, vice-president, secretary, assistant secretary,
treasurer or assistant treasurer upon such certificate may be
facsimiles, engraved or printed. In case any such officer who has
signed or whose facsimile signature has been placed upon such
certificate shall have ceased to be such before such certificate is
issued, it may be issued by the company with the same effect as if
such officer had not ceased to be such at the date of its issue. All
certificates, including those heretofore issued, which are signed in
facsimile, as authorized herein, shall be as valid and effectual for all
purposes as if signed by the proper officers. (Formerly: Acts 1852, 1RS, c.83, s.10; Acts 1941, c.120, s.1.)
IC 8-4-1-12 Certificate of capitalization
Sec. 12. The president and a majority of the directors, within
thirty (30) days after the payment of the last instalment of the capital
stock so fixed and limited by the company, shall make a certificate,
stating the amount of capital stock so fixed and paid in, which
certificate shall be signed by the president and a majority of the
directors, and sworn to by the president and secretary, and they shall,
within the said thirty (30) days, file and record the same in the office
of the secretary of state. (Formerly: Acts 1852, 1RS, c.83, s.11.)
IC 8-4-1-13 Maps and route profile; filing
Sec. 13. Every such company, before proceeding to construct a
part of their road into or through any county named in its articles of
association, shall make a map and profile of the route intended to be
adopted by such company, which shall be certified by a majority of
the directors, and filed in the office of the clerk of such county, for
the inspection and examination of all parties interested therein. (Formerly: Acts 1852, 1RS, c.83, s.12.)
IC 8-4-1-14 General powers and duties; enumeration
Sec. 14. (a) Every such corporation shall possess the general
powers, and be subject to the liabilities and restrictions, expressed in
the special powers following:
(1) To cause such examination and surveys for the proposed
railroad to be made as may be necessary to the selection of the
most advantageous route for the railroad, and, for such
purposes, by their officers, agents, and servants, to enter upon
the lands or waters of any person, but subject to responsibility
for all damages which they shall do thereto.
(2) To receive, hold, and take such voluntary grants and
donations of real estate and other personal property as shall be
made to it to aid in the construction, maintenance, and
accommodation of such railroad; but the real estate thus
received by voluntary grants shall be held and used for the
purposes of such grants only.
(3) To purchase, and, by voluntary grants and donations receive
and take, and, by its officers, engineers, surveyors, and agents,
enter upon, take possession of, hold, and use all such lands and
real estate and other property as may be necessary for the
construction and maintenance of its railroad stations, depots,
and other accommodations necessary to accomplish the objects
for which the corporation is created; but not until the
compensation to be made therefor, as agreed upon by the parties
or ascertained as prescribed in this chapter, shall have been paid
to the owner or owners thereof, or deposited as directed by this
chapter, unless the consent of such owner be given to enter into
possession.
(4) To lay out its road, not exceeding six (6) rods wide, and to
construct the same; and for the purposes of cuttings,
embankments, and procuring stone and gravel, or the
improvement of its road by the construction of additional main
tracks, switches, or passing sidings, it may take as much more
lands, within the limits of its charter, in the manner provided in
this chapter, as may be necessary for the proper construction,
improvement, and security of the road.
(5) To construct its road upon or across any stream of water,
watercourse, highway, railroad, or canal, so as not to interfere
with the free use of the same, which the route of its road shall
intersect, in such manner as to afford security for life and
property; but the corporation shall restore the stream or
watercourse, road, or highway thus intersected to its former
state, or in a sufficient manner not to unnecessarily impair its
usefulness or injure its franchises.
(6) To cross, intersect, join, and unite its railroad with any other
railroad before constructed, at any point on its route and upon
the grounds of such other railroad company, with the necessary
turn-outs, sidings, switches, and other conveniences, in
furtherance of the objects of its connections; and every
company whose railroad is intersected on or after May 6, 1852,
by any new railroad shall unite with the owners of such new
railroad in forming such intersections and connections, and
grant the facilities aforesaid; and if the two (2) corporations can
not agree upon the amount of compensation to be made
therefor, or the points or manner of such crossings and
connections, the same shall be ascertained and determined by
commissioners, to be appointed as is provided in this chapter in
respect to the taking of lands; but this section shall not affect
the rights or franchises granted before May 6, 1852.
(7) To purchase lands or take them in order that it may change
the line of its road, whenever a majority of the directors shall so
determine, as is provided in this chapter, but no change shall
vary the general route of such road.
(8) To take, transport, carry, and convey persons and property
on its railroad by the force and power of steam or animals or of
any mechanical power, or by any combination of them, and
receive tolls or compensation therefor.
(9) To erect and maintain all necessary and convenient
buildings, stations, depots, fixtures, and machinery for the
accommodation and use of their passengers, freight, and
business, and obtain and hold the lands necessary therefor.
(10) To regulate the time and manner in which passengers and
property shall be transported, and the tolls and compensation to
be paid therefor.
(b) In all proceedings authorized by this chapter to take land for
the construction of additional main tracks, switches, or passing
sidings, the burden of proof shall be upon the corporation to prove in
a court of competent jurisdiction its right to take such land and the
necessity therefor, preliminary to assessment of damages; and in
estimating damages, the damages of all persons, firms, limited
liability company, or corporations shall be computed as in other
cases, to which shall be added compensation for all such injuries,
interruptions, and destruction to any trade, business, contract,
occupation, residence, or industry involved, the expense and
difficulty in obtaining a new location and in relocating such business
or industry, as may not be elements of damage under any law other
than this chapter; provided, that nothing contained in this chapter
shall repeal, affect, or modify any powers or duties of the
commission or any obligations imposed upon railroads by statute
other than this chapter, nor impliedly nor expressly repeal, affect, or
modify any other statute of this state. (Formerly: Acts 1852, 1RS, c.83, s.13; Acts 1911, c.82, s.1.) As
amended by P.L.62-1984, SEC.38; P.L.23-1988, SEC.82;
P.L.8-1993, SEC.140.
IC 8-4-1-15 Eminent domain; right to acquire title
Sec. 15. In case any company formed under this chapter is unable
to agree for the purchase of any real estate, in any county, required
for the construction of the track, turn-outs and water stations, it shall
have the right to acquire the title to the same in the manner and by
the special proceedings prescribed in this chapter. (Formerly: Acts 1852, 1RS, c.83, s.14.) As amended by P.L.62-1984,
SEC.39.
IC 8-4-1-16 Eminent domain; damages; appraisals; appeals
Sec. 16. (a) A corporation formed under this chapter is authorized
to enter upon any land for the purpose of examining and surveying
its railroad line and may appropriate as much land as is deemed
necessary for its railroad, including necessary side-tracks and water
stations, materials for constructing, except timber, a right-of-way
over adjacent lands sufficient to enable the company to construct and
repair its road, and a right to conduct water by aqueducts, and the
right of making proper drains.
(b) The corporation shall deposit with the clerk of the circuit court
of the county where the land lies, a description of the rights and
interests intended to be appropriated. The land, rights, and interests
shall belong to the company, to use for the purpose specified, by
making or tendering payment as provided in this section.
(c) The corporation may, by its directors, purchase lands,
materials, rights-of-way, or interests of the owner of the land, or, in
case the land is owned by a mentally incompetent person or a person
under eighteen (18) years of age, at a price to be agreed upon by the
guardian or parent of the mentally incompetent person or person
under eighteen (18) years of age, if the land, material, right-of-way,
or interest is appraised by the court in which the description is filed.
Upon agreement and approval, the owner, guardian, or parent, as the
case may be, shall convey the premises purchased, in fee simple or
otherwise, as the parties may agree, to the railroad corporation. The
deed, when made, shall be valid in law.
(d) If the corporation does not agree with the owner of the land,
or with the owner's guardian, if the owner is incapable of contracting,
concerning the damages sustained by the appropriation, the
corporation shall deliver to the owner or guardian, if within the
county, a copy of the instrument of appropriation. If the owner or the
owner's guardian, in case the owner is incapable of contracting, is
unknown or does not reside within the county, the corporation shall
publish, in a newspaper of general circulation in the county, for three
(3) weeks, an advertisement, concerning the substance of the
instrument of appropriation.
(e) Upon filing an act of appropriation and delivery of a copy, or
making the publication, the circuit court in the county where the land
lies, upon the application of either party, shall appoint, by warrant:
(1) one (1) disinterested freeholder of the county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to appraise the damages which the
owner of the land may sustain by the appropriation. One (1) of the
appraisers appointed under subdivision (2) must reside not more than
fifty (50) miles from the land. The appraisers shall be duly sworn.
They shall consider the injury that the owner may sustain by reason
of the railroad. The appraisers shall return their assessment of
damages to the clerk of the court, setting forth the value of the
property taken or injury to the property which they assess to the
owner, or owners separately, to be filed and recorded by the clerk.
The corporation shall pay to the clerk the amount thus assessed, or
tender the amount to the party in whose favor the damages are
awarded or assessed.
(f) On making payment or tender in the manner required, it is
lawful for the corporation to hold the interests in the lands or
materials appropriated, and to use the materials on the roadway and
within fifty (50) feet on each side of the center of the roadway. The
cost of the award shall be paid by the corporation. On notice by any
interested party, the court may order payment and enforce the
payment by execution.
(g) The award of the arbitrators may be reviewed by the court in
which proceedings may be had, on written exceptions filed by either
party in the clerk's office within twenty (20) days after the filing of
the award. Notice of filing of the arbitrators' award shall be given by
the clerk of the court to all known parties to the action and their
attorneys of record by certified mail. The period of exceptions shall
run from and after the date of mailing. The court shall make an order
as right and justice may require by ordering a new appraisement on
good cause shown.
(h) Notwithstanding an appeal, the corporation may take
possession of the property described in the exceptions, and the
subsequent proceedings on the appeal only affect the amount of
compensation to be allowed. If, prior to the assessment, the
corporation shall tender to the owner (or the owner's guardian, if the
owner is unable to contract) an amount equal to the award that was
made, exclusive of costs, the costs of arbitration shall be paid equally
by the corporation and the owner or guardian.
(Formerly: Acts 1852, 1RS, c.83, s.15; Acts 1973, P.L.22, SEC.4;
Acts 1973, P.L.23, SEC.3.) As amended by P.L.33-1989, SEC.7;
P.L.113-2006, SEC.3.
IC 8-4-1-17 Eminent domain; conflicting claimants to compensation; judicial
determination
Sec. 17. If there are adverse or conflicting claimants to the money,
or any part of it, to be paid as compensation for the real estate taken,
the court may direct the money to be paid into the said court by the
company, or take security for the same until it can determine who is
entitled to the same, and shall direct to whom the same shall be paid,
and may, in its discretion, order a reference, to ascertain the facts on
which such determination and order are to be made. (Formerly: Acts 1852, 1RS, c.83, s.16.)
IC 8-4-1-18 Eminent domain; court appointed attorney for absentees or
persons unknown
Sec. 18. The court shall appoint some competent attorney to
appear for and protect the rights of any party in interest who is
unknown, or whose residence is unknown, and who has not appeared
in the proceedings by an attorney or agent. The court shall also have
power, at any time, to amend any defect or informality in any of the
special proceedings authorized by this chapter as may be necessary,
or to cause new parties to be added, and to direct such further notice
to be given to any party in interest, as it deems proper; and also to
appoint other commissioners in the place of any who shall die or
refuse or neglect or are unable to serve, or who may leave or be
absent from the state. (Formerly: Acts 1852, 1RS, c.83, s.17.) As amended by P.L.62-1984,
SEC.40.
IC 8-4-1-19 Eminent domain; stay of proceedings; perfecting defective title
Sec. 19. At any time after an attempt to acquire title by appraisal
of damages or otherwise, if it shall be found that the title thereby
attempted to be acquired is defective, the company may proceed
anew to acquire or perfect the same in the same manner as if no
appraisal had been made. At any stage of such new proceedings, the
court may authorize the corporation, if in possession, to continue in
possession, and, if not in possession, to take possession of and use
such real estate during the pendency and until the final conclusion of
such new proceedings; and may stay all actions and proceedings
against the company, or any officer, agent or workman of such
company, on account thereof, on such company paying into court a
sufficient sum, as the court may direct to pay the compensation
therefor when finally ascertained; and in every such case, the party
interested in such real estate may conduct the proceedings to a
conclusion, if the company delays or omits to prosecute the same.
(Formerly: Acts 1852, 1RS, c.83, s.18.)
IC 8-4-1-20 Financing of operations; loans and issue of security
Sec. 20. Such company may, from time to time, borrow such sums
of money as they may deem necessary for completing or operating
their railroad, and issue and dispose of their bonds for any amounts
so borrowed, for such sums, and at such rate of interest as is allowed
by the laws of the state where such contract is made, and mortgage
their corporate property and franchises to secure the payment of any
debt contracted by such company; and the directors of such company
may confer on any holder of any bond issued for money borrowed as
aforesaid the right to convert the principal due or owing thereon into
stock of said company, at any time not exceeding fifteen (15) years
from the date of said bond, under such regulations as the company
may adopt; and such company may sell their bonds, either within or
without this state, at such rates and prices as permitted by law, and
such sales shall be as valid as if such bonds should be sold at par
value. (Formerly: Acts 1852, 1RS, c.83, s.19.)
IC 8-4-1-21 Alteration in lines
Sec. 21. If, at any time after the location of the track of such road,
in whole or in part, and the filing of the map thereof, it shall appear
to the directors of such company that the line thereof may be
improved, such directors may, from time to time, alter the line, and
cause a new map to be filed in the office where the map showing the
first location is filed, and may thereupon take possession of the lands
embraced in such new location that may be required for the
construction and maintenance of such road on such new line, either
by agreement with the owner or by such proceedings as are
authorized under this chapter, and use the same in place of the line
for which the new is substituted. But nothing in this chapter shall be
so construed as to confer upon any railroad company already
incorporated, any powers to locate its road on any route which would
not have been authorized by the charters previously granted. And
nothing in this chapter contained shall authorize the said company to
make a location of their track within any city without the consent of
the common council of said city; nor shall the company have power
so to change their road as to avoid any point named in their articles
of association. (Formerly: Acts 1852, 1RS, c.83, s.21.) As amended by P.L.62-1984,
SEC.41.
IC 8-4-1-22 Railroad crossings; grade separation
Sec. 22. Whenever the track of such railroad shall cross a road or
highway, such road or highway may be carried under or over the
track, as may be most expedient; and in cases where an embankment
or cutting shall make a change in the line of such road or highway
desirable, with a view to a more easy ascent or descent, the said
company may take such additional lands for the construction of such
road or highway, or such new line, as may be deemed requisite by
said directors. Unless the lands so taken shall be purchased or
voluntarily given for the purposes aforesaid, compensation therefor
shall be ascertained, in the manner in this chapter provided, as nearly
as may be, and duly made by such corporation to the owners and
persons interested in such lands; and the same, when so taken and
compensation made, to become part of such intersecting road or
highway, in such manner and by such terms as the adjacent parts of
such highway may be held for highway purposes. (Formerly: Acts 1852, 1RS, c.83, s.22.) As amended by P.L.62-1984,
SEC.42.
IC 8-4-1-23 Public lands; acquisition; location upon grounds of state
institutions
Sec. 23. If any corporation shall, for its purposes aforesaid,
require any land belonging to the state or to any county or town, the
general assembly and the county and town officers respectively
having charge of such lands may grant such lands to such corporation
upon such terms as shall be agreed upon; and if they shall not so
agree, the same may be taken by the corporation in the same manner
as provided in other cases. No railroad shall be located upon or
across the grounds of the state occupied by the institutions for
individuals who are:
(1) insane;
(2) blind; or
(3) deaf and without speech. (Formerly: Acts 1852, 1RS, c.83, s.23.) As amended by P.L.99-2007,
SEC.32.
IC 8-4-1-24 Employees; identification badges
Sec. 24. Every conductor, baggagemaster, engineer, brakeman, or
other servant of any such railroad corporation, employed on a
passenger train or at stations for passengers, shall wear upon his hat
or cap a badge, which shall indicate his office and the initialed letters
of the style of the corporation by which he is employed. No collector
or conductor, without such badge, shall demand or be entitled to
receive from any passenger any fare, toll or ticket, or exercise any of
the powers of his office; and no other of said officers or servants,
without such badge, shall have any authority to meddle or interfere
with any passenger or property. (Formerly: Acts 1852, 1RS, c.83, s.24.)
IC 8-4-1-25 State lien for penalties, taxes, and dues
Sec. 25. The state shall have a lien upon all railroads of such
corporations and their appurtenances and stock therein for all
penalties, taxes and dues which may accrue to the state from such
corporations; which lien of the state shall have precedence of all
demands, judgments or decrees against said corporations. And the
citizens of this state shall have a lien upon all personal property of
said corporations, to the amount of one hundred dollars ($100), for
all debts originally contracted within this state, which, after said lien
of the state, shall take precedence of all other debts, demands,
judgments or decrees, liens or mortgages against such corporations. (Formerly: Acts 1852, 1RS, c.83, s.26.)
IC 8-4-1-26
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-27
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-28
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-29
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-30
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-31 Maps and profiles; certificates of proposed line; filing
Sec. 31. Every corporation shall, within a reasonable time after
their road shall be located, cause to be made:
First. A map and profile thereof, and of the land taken and
obtained for the use thereof, and file the same in the office of the
secretary of state; and also like maps of the parts thereof located in
different counties, and file the same in the office of the clerk of the
county in which said parts of said road shall be, there to remain as of
record forever.
Second. A certificate specifying the line upon which it is proposed
to construct the railroad, and the grades and curves. (Formerly: Acts 1852, 1RS, c.83, s.33.)
IC 8-4-1-32 Failure to complete road; voiding of corporation
Sec. 32. If any such corporation shall not, within three (3) years
after its incorporation, begin the construction of its road, and expend
thereon five (5) per cent of the amount of its capital, and finish the
road and put it in full operation in ten (10) years thereafter, its act of
incorporation shall become void. (Formerly: Acts 1852, 1RS, c.83, s.34.)
IC 8-4-1-33
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-34 Amendment or repeal of chapter
Sec. 34. This chapter may be amended or repealed at the
discretion of the legislature. (Formerly: Acts 1852, 1RS, c.83, s.37.) As amended by P.L.62-1984,
SEC.43.
IC 8-4-1-35 Stockholders; personal liability for labor
Sec. 35. The stockholders shall be individually liable to laborers,
their executors, administrators and assigns for all labor done in the
construction of said road and shall remain unpaid after the assets of
the corporation shall have been exhausted. (Formerly: Acts 1852, 1RS, c.83, s.38; Acts 1865(ss), c.25, s.1.)
IC 8-4 ARTICLE 4. ORGANIZATION AND OPERATION OF
RAILROADS
IC 8-4-1
Chapter 1. Incorporation of Railroad Companies
IC 8-4-1-1 Incorporation; capitalization; articles of association; election of
directors
Sec. 1. (a) A railroad may incorporate under any of the following:
(1) This chapter.
(2) The Indiana Business Corporation Law (IC 23-1).
(3) Any other applicable statute.
(b) Any number of persons, not less than fifteen (15), being
subscribers to the stock of any contemplated railroad may be formed
into a corporation for the purpose of constructing, owning, and
maintaining such railroad by complying with the following
requirements:
(1) Whenever stock to the amount (measured by the
consideration to be received therefor) of at least fifty thousand
dollars ($50,000), or one thousand dollars ($1,000) for each and
every mile of the proposed road, shall have been subscribed, the
subscribers to such stock shall elect directors for such company
from their own number and shall severally subscribe articles of
association in which shall be set forth the following:
(A) The name of the corporation.
(B) The total number of shares into which its authorized
capital stock is to be divided.
(C) Whether all or part of said shares are to have a par value
and if so, the number and par value of such shares.
(D) Whether all or part of said shares are to be without par
value and if so, the number of such shares.
(E) The consideration for which the company may issue and
sell its shares without par value or authorization to the board
of directors to fix such consideration from time to time.
(F) If said shares are to be divided into classes or kinds, the
designations of the different classes, the number and par
value, if any, of the shares of each class, and a statement of
the relative rights, preferences, limitations, restrictions, and
voting rights of each class.
(G) The number of directors and their names to manage the
affairs of the company.
(H) The names of the place from which and the place to
which the proposed road is to be constructed and each
county into which or through which it is intended to pass.
(I) Its length as near as may be.
(2) Each subscriber to such articles of association shall state his
place of residence and the number and class (if there be more
than one (1) class) of shares taken by him in such company. (Formerly: Acts 1852, 1RS, c.83, s.1; Acts 1933, c.101, s.7.) As
amended by P.L.75-1990, SEC.1.
IC 8-4-1-2 Shareholders; preemptive rights
Sec. 2. The shareholders of any railroad company, now organized
or hereafter to be organized under the laws of this state, shall have no
preemptive rights to subscribe to or purchase any additional issues
of shares of the capital stock of the corporation of any class nor any
shares of the corporation purchased or acquired by the corporation
and not canceled but held as treasury stock except to the extent, if
any, that such rights shall be fixed and stated in the articles of
association. (Formerly: Acts 1852, 1RS, c.83, s.1a; Acts 1957, c.69, s.1.)
IC 8-4-1-3 Articles of association; filing with secretary of state
Sec. 3. Articles of association formed under section 1 of this
chapter shall be filed in the office of the secretary of state; and,
thereupon, the persons who have subscribed the same, and all
persons who shall, from time to time, become stockholders in such
company, and their successors, shall be a body politic and corporate,
in perpetuity, by the name stated in such articles of association; and
may sue or be sued; and may have a common seal, and may make and
alter the same at pleasure; and shall be capable, in law, of
purchasing, holding, and conveying any real and personal property
whatever, necessary for the construction of such road and for the
erection of all necessary buildings and yards and appurtenances for
the use of the same. A copy of any articles of association filed in
pursuance of this chapter, and certified to be a copy, by the secretary
of state or his deputy, shall, in all courts and places, be presumptive
evidence of the incorporation of such company and of the facts stated
therein. (Formerly: Acts 1852, 1RS, c.83, s.2.) As amended by P.L.62-1984,
SEC.32.
IC 8-4-1-4 Subscriptions to the stock
Sec. 4. The directors named in section 1 of this chapter shall open
books for subscription to the capital stock of the company, at such
times and in such places as a majority of them may direct, due
notices of which shall be given; and in case a greater amount of stock
shall be subscribed than the whole capital required by such company,
the directors shall distribute such capital stock, so subscribed, as
equally as possible among the subscribers, but no share thereof shall
be divided in making such distribution, nor shall a greater number of
shares be allotted to any one (1) subscriber than by him subscribed
for. (Formerly: Acts 1852, 1RS, c.83, s.3.) As amended by P.L.62-1984,
SEC.33.
IC 8-4-1-5 Shareholders; annual meeting; directors, election, and term
Sec. 5. There shall be an annual meeting of the stockholders (to
be held in one (1) of the counties in which or through which such
road is proposed to be or may be constructed) for the election of
directors to serve for the ensuing year, notice of which, appointing
a time and place, shall be given by the directors chosen as provided
in section 1 of this chapter for the first annual election, and,
afterward, by their successors in office; which notice shall be
published not less than twenty (20) days previous thereto in a
newspaper published in each county through which such road shall
be intended to run (if there be stockholders residing therein) in which
a newspaper shall be published; and if no newspaper be published
therein, then by six (6) written or printed notices put up in the most
public places in such county; provided, however, that the directors
may prescribe by bylaw a place outside the state for the holding of
annual meetings, or, notwithstanding the limitations of section 10 of
this chapter, by resolution adopted at any meeting by stockholders
holding shares representing two-thirds (2/3) of the voting power of
the capital stock entitled to vote at any annual meeting. Three (3)
judges of election shall be chosen by the board of directors previous
to any annual meeting of the stockholders, who shall be stockholders
but not directors at the time of such election, whose duty it shall be
to receive the votes of the stockholders at such election for directors,
and who shall openly count the votes and declare the result, and shall
furnish the directors elected at such meeting of the stockholders with
a certificate of their election, which certificate shall be evidence of
their authority to act as such directors. Not less than seven (7) nor
more than thirteen (13) directors shall be chosen at such meeting of
stockholders, by ballot, and by a majority of the votes of the
stockholders present in person or by proxy. No person shall be a
director unless he shall be a stockholder, owning stock absolutely in
his own right, and qualified to a vote for directors at the election at
which he shall be chosen. The directors shall hold their office for one
(1) year and until others are elected in their places. (Formerly: Acts 1852, 1RS, c.83, s.4; Acts 1933, c.101, s.8; Acts
1955, c.139, s.1.) As amended by P.L.62-1984, SEC.34.
IC 8-4-1-6 Meetings of shareholders; notice; requisites
Sec. 6. Meetings of the stockholders may be called at any time
during the interval between the annual meetings, by the directors or
by the stockholders owning not less than one-fourth (1/4) of the
stock, by giving thirty (30) days public notice of the time and place
of the meetings, in the manner provided in section 5 of this chapter
for the annual meetings; and when any such meeting is called by the
stockholders, the particular object of such meeting shall be stated in
such notice, and if at any such meeting thus called, a majority in
value of the stockholders are not represented in person or by proxy,
such meeting shall be adjourned from day to day, not exceeding three
(3) days, without transacting any business; and if, within said three
(3) days, stockholders having a majority of the stock do not attend
such meeting, then the meeting shall be dissolved. (Formerly: Acts 1852, 1RS, c.83, s.5.) As amended by P.L.62-1984,
SEC.35.
IC 8-4-1-7 Meetings of shareholders; annual report; removal of officers
Sec. 7. At a regular meeting of the stockholders of any such
corporation, it shall be the duty of the president and directors in
office for the preceding year to exhibit a clear and distinct statement
of the affairs of said company; and at any meeting of the
stockholders, a majority of those present, in person or by proxy, may
require similar statements from the directors, whose duty it shall be
to furnish them when thus required: and at all general meetings of the
stockholders, a majority in value of the stockholders in such
company may remove any president or any director of such company,
and elect another in their stead; provided, notice of such intended
removal shall have been given as required in sections 5 and 6 of this
chapter. (Formerly: Acts 1852, 1RS, c.83, s.6.) As amended by P.L.62-1984,
SEC.36.
IC 8-4-1-8 Directors; elections; president and other officers; appointment or
election
Sec. 8. In case it shall happen, at any time, that an election of
directors shall not be made on the day designated by the bylaws of
the company, when it ought to have been made, the company, for that
reason, shall not be dissolved if, within ninety (90) days thereafter,
they shall hold an election for directors in such manner as shall be
provided by the bylaws of the company. There shall be a president
of the company who shall be chosen by and from the directors, and
also such subordinate officers as the company, by its bylaws, may
designate, who may be elected or appointed, and required to give
such security for the faithful performance of the duties of their
offices as the company, by its bylaws, may require; provided, that
nothing contained in this section shall be so construed as to prevent
the stockholders from removing a president and electing another in
his place in the manner prescribed in section 7 of this chapter. (Formerly: Acts 1852, 1RS, c.83, s.7.) As amended by P.L.62-1984,
SEC.37.
IC 8-4-1-9 Stock subscriptions; demands for payment
Sec. 9. It shall be lawful for the directors to call in and demand
from the stockholders, respectively, any sums of money by them
subscribed, in such payments or instalments as the directors shall
deem proper, under the penalty of forfeiting the shares of stock
subscribed for and all previous payments made thereon if payment
shall not be made by the stockholders within thirty (30) days after
personal demand, or notice, requiring such payment, shall have been
made in each county through which such road shall be laid out in
which a newspaper shall be published: Provided, That subscriptions
shall not be required to be paid except in equal instalments of not
more than ten (10) per cent a month. (Formerly: Acts 1852, 1RS, c.83, s.8.)
IC 8-4-1-10 By-laws; officers and employees; appointment and duties
Sec. 10. The directors of such company shall have power to make
by-laws for the management and disposition of stock, property and
business affairs of such company not inconsistent with the laws of
this state, and prescribing the duties of officers, artificers, and
servants, that may be employed, and for the appointment of all the
officers for carrying on all business within the object and purposes
of such company. (Formerly: Acts 1852, 1RS, c.83, s.9.)
IC 8-4-1-11 Stock certificates; issuance and transfer
Sec. 11. Each shareholder shall be entitled to a certificate, signed
by the president or a vice-president and the secretary or an assistant
secretary or the treasurer or an assistant treasurer, certifying the
number of shares of stock owned by him in the company; which
shares shall be deemed personal estate, and shall be transferable in
the manner prescribed in the by-laws of the company; but no shares
shall be transferable until all previous calls thereon shall have been
fully paid in, or the shares shall have been forfeited for the
nonpayment of calls thereon. Where any such certificate is signed by
a transfer agent or transfer clerk and by a registrar, the signature of
any such president, vice-president, secretary, assistant secretary,
treasurer or assistant treasurer upon such certificate may be
facsimiles, engraved or printed. In case any such officer who has
signed or whose facsimile signature has been placed upon such
certificate shall have ceased to be such before such certificate is
issued, it may be issued by the company with the same effect as if
such officer had not ceased to be such at the date of its issue. All
certificates, including those heretofore issued, which are signed in
facsimile, as authorized herein, shall be as valid and effectual for all
purposes as if signed by the proper officers. (Formerly: Acts 1852, 1RS, c.83, s.10; Acts 1941, c.120, s.1.)
IC 8-4-1-12 Certificate of capitalization
Sec. 12. The president and a majority of the directors, within
thirty (30) days after the payment of the last instalment of the capital
stock so fixed and limited by the company, shall make a certificate,
stating the amount of capital stock so fixed and paid in, which
certificate shall be signed by the president and a majority of the
directors, and sworn to by the president and secretary, and they shall,
within the said thirty (30) days, file and record the same in the office
of the secretary of state. (Formerly: Acts 1852, 1RS, c.83, s.11.)
IC 8-4-1-13 Maps and route profile; filing
Sec. 13. Every such company, before proceeding to construct a
part of their road into or through any county named in its articles of
association, shall make a map and profile of the route intended to be
adopted by such company, which shall be certified by a majority of
the directors, and filed in the office of the clerk of such county, for
the inspection and examination of all parties interested therein. (Formerly: Acts 1852, 1RS, c.83, s.12.)
IC 8-4-1-14 General powers and duties; enumeration
Sec. 14. (a) Every such corporation shall possess the general
powers, and be subject to the liabilities and restrictions, expressed in
the special powers following:
(1) To cause such examination and surveys for the proposed
railroad to be made as may be necessary to the selection of the
most advantageous route for the railroad, and, for such
purposes, by their officers, agents, and servants, to enter upon
the lands or waters of any person, but subject to responsibility
for all damages which they shall do thereto.
(2) To receive, hold, and take such voluntary grants and
donations of real estate and other personal property as shall be
made to it to aid in the construction, maintenance, and
accommodation of such railroad; but the real estate thus
received by voluntary grants shall be held and used for the
purposes of such grants only.
(3) To purchase, and, by voluntary grants and donations receive
and take, and, by its officers, engineers, surveyors, and agents,
enter upon, take possession of, hold, and use all such lands and
real estate and other property as may be necessary for the
construction and maintenance of its railroad stations, depots,
and other accommodations necessary to accomplish the objects
for which the corporation is created; but not until the
compensation to be made therefor, as agreed upon by the parties
or ascertained as prescribed in this chapter, shall have been paid
to the owner or owners thereof, or deposited as directed by this
chapter, unless the consent of such owner be given to enter into
possession.
(4) To lay out its road, not exceeding six (6) rods wide, and to
construct the same; and for the purposes of cuttings,
embankments, and procuring stone and gravel, or the
improvement of its road by the construction of additional main
tracks, switches, or passing sidings, it may take as much more
lands, within the limits of its charter, in the manner provided in
this chapter, as may be necessary for the proper construction,
improvement, and security of the road.
(5) To construct its road upon or across any stream of water,
watercourse, highway, railroad, or canal, so as not to interfere
with the free use of the same, which the route of its road shall
intersect, in such manner as to afford security for life and
property; but the corporation shall restore the stream or
watercourse, road, or highway thus intersected to its former
state, or in a sufficient manner not to unnecessarily impair its
usefulness or injure its franchises.
(6) To cross, intersect, join, and unite its railroad with any other
railroad before constructed, at any point on its route and upon
the grounds of such other railroad company, with the necessary
turn-outs, sidings, switches, and other conveniences, in
furtherance of the objects of its connections; and every
company whose railroad is intersected on or after May 6, 1852,
by any new railroad shall unite with the owners of such new
railroad in forming such intersections and connections, and
grant the facilities aforesaid; and if the two (2) corporations can
not agree upon the amount of compensation to be made
therefor, or the points or manner of such crossings and
connections, the same shall be ascertained and determined by
commissioners, to be appointed as is provided in this chapter in
respect to the taking of lands; but this section shall not affect
the rights or franchises granted before May 6, 1852.
(7) To purchase lands or take them in order that it may change
the line of its road, whenever a majority of the directors shall so
determine, as is provided in this chapter, but no change shall
vary the general route of such road.
(8) To take, transport, carry, and convey persons and property
on its railroad by the force and power of steam or animals or of
any mechanical power, or by any combination of them, and
receive tolls or compensation therefor.
(9) To erect and maintain all necessary and convenient
buildings, stations, depots, fixtures, and machinery for the
accommodation and use of their passengers, freight, and
business, and obtain and hold the lands necessary therefor.
(10) To regulate the time and manner in which passengers and
property shall be transported, and the tolls and compensation to
be paid therefor.
(b) In all proceedings authorized by this chapter to take land for
the construction of additional main tracks, switches, or passing
sidings, the burden of proof shall be upon the corporation to prove in
a court of competent jurisdiction its right to take such land and the
necessity therefor, preliminary to assessment of damages; and in
estimating damages, the damages of all persons, firms, limited
liability company, or corporations shall be computed as in other
cases, to which shall be added compensation for all such injuries,
interruptions, and destruction to any trade, business, contract,
occupation, residence, or industry involved, the expense and
difficulty in obtaining a new location and in relocating such business
or industry, as may not be elements of damage under any law other
than this chapter; provided, that nothing contained in this chapter
shall repeal, affect, or modify any powers or duties of the
commission or any obligations imposed upon railroads by statute
other than this chapter, nor impliedly nor expressly repeal, affect, or
modify any other statute of this state. (Formerly: Acts 1852, 1RS, c.83, s.13; Acts 1911, c.82, s.1.) As
amended by P.L.62-1984, SEC.38; P.L.23-1988, SEC.82;
P.L.8-1993, SEC.140.
IC 8-4-1-15 Eminent domain; right to acquire title
Sec. 15. In case any company formed under this chapter is unable
to agree for the purchase of any real estate, in any county, required
for the construction of the track, turn-outs and water stations, it shall
have the right to acquire the title to the same in the manner and by
the special proceedings prescribed in this chapter. (Formerly: Acts 1852, 1RS, c.83, s.14.) As amended by P.L.62-1984,
SEC.39.
IC 8-4-1-16 Eminent domain; damages; appraisals; appeals
Sec. 16. (a) A corporation formed under this chapter is authorized
to enter upon any land for the purpose of examining and surveying
its railroad line and may appropriate as much land as is deemed
necessary for its railroad, including necessary side-tracks and water
stations, materials for constructing, except timber, a right-of-way
over adjacent lands sufficient to enable the company to construct and
repair its road, and a right to conduct water by aqueducts, and the
right of making proper drains.
(b) The corporation shall deposit with the clerk of the circuit court
of the county where the land lies, a description of the rights and
interests intended to be appropriated. The land, rights, and interests
shall belong to the company, to use for the purpose specified, by
making or tendering payment as provided in this section.
(c) The corporation may, by its directors, purchase lands,
materials, rights-of-way, or interests of the owner of the land, or, in
case the land is owned by a mentally incompetent person or a person
under eighteen (18) years of age, at a price to be agreed upon by the
guardian or parent of the mentally incompetent person or person
under eighteen (18) years of age, if the land, material, right-of-way,
or interest is appraised by the court in which the description is filed.
Upon agreement and approval, the owner, guardian, or parent, as the
case may be, shall convey the premises purchased, in fee simple or
otherwise, as the parties may agree, to the railroad corporation. The
deed, when made, shall be valid in law.
(d) If the corporation does not agree with the owner of the land,
or with the owner's guardian, if the owner is incapable of contracting,
concerning the damages sustained by the appropriation, the
corporation shall deliver to the owner or guardian, if within the
county, a copy of the instrument of appropriation. If the owner or the
owner's guardian, in case the owner is incapable of contracting, is
unknown or does not reside within the county, the corporation shall
publish, in a newspaper of general circulation in the county, for three
(3) weeks, an advertisement, concerning the substance of the
instrument of appropriation.
(e) Upon filing an act of appropriation and delivery of a copy, or
making the publication, the circuit court in the county where the land
lies, upon the application of either party, shall appoint, by warrant:
(1) one (1) disinterested freeholder of the county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to appraise the damages which the
owner of the land may sustain by the appropriation. One (1) of the
appraisers appointed under subdivision (2) must reside not more than
fifty (50) miles from the land. The appraisers shall be duly sworn.
They shall consider the injury that the owner may sustain by reason
of the railroad. The appraisers shall return their assessment of
damages to the clerk of the court, setting forth the value of the
property taken or injury to the property which they assess to the
owner, or owners separately, to be filed and recorded by the clerk.
The corporation shall pay to the clerk the amount thus assessed, or
tender the amount to the party in whose favor the damages are
awarded or assessed.
(f) On making payment or tender in the manner required, it is
lawful for the corporation to hold the interests in the lands or
materials appropriated, and to use the materials on the roadway and
within fifty (50) feet on each side of the center of the roadway. The
cost of the award shall be paid by the corporation. On notice by any
interested party, the court may order payment and enforce the
payment by execution.
(g) The award of the arbitrators may be reviewed by the court in
which proceedings may be had, on written exceptions filed by either
party in the clerk's office within twenty (20) days after the filing of
the award. Notice of filing of the arbitrators' award shall be given by
the clerk of the court to all known parties to the action and their
attorneys of record by certified mail. The period of exceptions shall
run from and after the date of mailing. The court shall make an order
as right and justice may require by ordering a new appraisement on
good cause shown.
(h) Notwithstanding an appeal, the corporation may take
possession of the property described in the exceptions, and the
subsequent proceedings on the appeal only affect the amount of
compensation to be allowed. If, prior to the assessment, the
corporation shall tender to the owner (or the owner's guardian, if the
owner is unable to contract) an amount equal to the award that was
made, exclusive of costs, the costs of arbitration shall be paid equally
by the corporation and the owner or guardian.
(Formerly: Acts 1852, 1RS, c.83, s.15; Acts 1973, P.L.22, SEC.4;
Acts 1973, P.L.23, SEC.3.) As amended by P.L.33-1989, SEC.7;
P.L.113-2006, SEC.3.
IC 8-4-1-17 Eminent domain; conflicting claimants to compensation; judicial
determination
Sec. 17. If there are adverse or conflicting claimants to the money,
or any part of it, to be paid as compensation for the real estate taken,
the court may direct the money to be paid into the said court by the
company, or take security for the same until it can determine who is
entitled to the same, and shall direct to whom the same shall be paid,
and may, in its discretion, order a reference, to ascertain the facts on
which such determination and order are to be made. (Formerly: Acts 1852, 1RS, c.83, s.16.)
IC 8-4-1-18 Eminent domain; court appointed attorney for absentees or
persons unknown
Sec. 18. The court shall appoint some competent attorney to
appear for and protect the rights of any party in interest who is
unknown, or whose residence is unknown, and who has not appeared
in the proceedings by an attorney or agent. The court shall also have
power, at any time, to amend any defect or informality in any of the
special proceedings authorized by this chapter as may be necessary,
or to cause new parties to be added, and to direct such further notice
to be given to any party in interest, as it deems proper; and also to
appoint other commissioners in the place of any who shall die or
refuse or neglect or are unable to serve, or who may leave or be
absent from the state. (Formerly: Acts 1852, 1RS, c.83, s.17.) As amended by P.L.62-1984,
SEC.40.
IC 8-4-1-19 Eminent domain; stay of proceedings; perfecting defective title
Sec. 19. At any time after an attempt to acquire title by appraisal
of damages or otherwise, if it shall be found that the title thereby
attempted to be acquired is defective, the company may proceed
anew to acquire or perfect the same in the same manner as if no
appraisal had been made. At any stage of such new proceedings, the
court may authorize the corporation, if in possession, to continue in
possession, and, if not in possession, to take possession of and use
such real estate during the pendency and until the final conclusion of
such new proceedings; and may stay all actions and proceedings
against the company, or any officer, agent or workman of such
company, on account thereof, on such company paying into court a
sufficient sum, as the court may direct to pay the compensation
therefor when finally ascertained; and in every such case, the party
interested in such real estate may conduct the proceedings to a
conclusion, if the company delays or omits to prosecute the same.
(Formerly: Acts 1852, 1RS, c.83, s.18.)
IC 8-4-1-20 Financing of operations; loans and issue of security
Sec. 20. Such company may, from time to time, borrow such sums
of money as they may deem necessary for completing or operating
their railroad, and issue and dispose of their bonds for any amounts
so borrowed, for such sums, and at such rate of interest as is allowed
by the laws of the state where such contract is made, and mortgage
their corporate property and franchises to secure the payment of any
debt contracted by such company; and the directors of such company
may confer on any holder of any bond issued for money borrowed as
aforesaid the right to convert the principal due or owing thereon into
stock of said company, at any time not exceeding fifteen (15) years
from the date of said bond, under such regulations as the company
may adopt; and such company may sell their bonds, either within or
without this state, at such rates and prices as permitted by law, and
such sales shall be as valid as if such bonds should be sold at par
value. (Formerly: Acts 1852, 1RS, c.83, s.19.)
IC 8-4-1-21 Alteration in lines
Sec. 21. If, at any time after the location of the track of such road,
in whole or in part, and the filing of the map thereof, it shall appear
to the directors of such company that the line thereof may be
improved, such directors may, from time to time, alter the line, and
cause a new map to be filed in the office where the map showing the
first location is filed, and may thereupon take possession of the lands
embraced in such new location that may be required for the
construction and maintenance of such road on such new line, either
by agreement with the owner or by such proceedings as are
authorized under this chapter, and use the same in place of the line
for which the new is substituted. But nothing in this chapter shall be
so construed as to confer upon any railroad company already
incorporated, any powers to locate its road on any route which would
not have been authorized by the charters previously granted. And
nothing in this chapter contained shall authorize the said company to
make a location of their track within any city without the consent of
the common council of said city; nor shall the company have power
so to change their road as to avoid any point named in their articles
of association. (Formerly: Acts 1852, 1RS, c.83, s.21.) As amended by P.L.62-1984,
SEC.41.
IC 8-4-1-22 Railroad crossings; grade separation
Sec. 22. Whenever the track of such railroad shall cross a road or
highway, such road or highway may be carried under or over the
track, as may be most expedient; and in cases where an embankment
or cutting shall make a change in the line of such road or highway
desirable, with a view to a more easy ascent or descent, the said
company may take such additional lands for the construction of such
road or highway, or such new line, as may be deemed requisite by
said directors. Unless the lands so taken shall be purchased or
voluntarily given for the purposes aforesaid, compensation therefor
shall be ascertained, in the manner in this chapter provided, as nearly
as may be, and duly made by such corporation to the owners and
persons interested in such lands; and the same, when so taken and
compensation made, to become part of such intersecting road or
highway, in such manner and by such terms as the adjacent parts of
such highway may be held for highway purposes. (Formerly: Acts 1852, 1RS, c.83, s.22.) As amended by P.L.62-1984,
SEC.42.
IC 8-4-1-23 Public lands; acquisition; location upon grounds of state
institutions
Sec. 23. If any corporation shall, for its purposes aforesaid,
require any land belonging to the state or to any county or town, the
general assembly and the county and town officers respectively
having charge of such lands may grant such lands to such corporation
upon such terms as shall be agreed upon; and if they shall not so
agree, the same may be taken by the corporation in the same manner
as provided in other cases. No railroad shall be located upon or
across the grounds of the state occupied by the institutions for
individuals who are:
(1) insane;
(2) blind; or
(3) deaf and without speech. (Formerly: Acts 1852, 1RS, c.83, s.23.) As amended by P.L.99-2007,
SEC.32.
IC 8-4-1-24 Employees; identification badges
Sec. 24. Every conductor, baggagemaster, engineer, brakeman, or
other servant of any such railroad corporation, employed on a
passenger train or at stations for passengers, shall wear upon his hat
or cap a badge, which shall indicate his office and the initialed letters
of the style of the corporation by which he is employed. No collector
or conductor, without such badge, shall demand or be entitled to
receive from any passenger any fare, toll or ticket, or exercise any of
the powers of his office; and no other of said officers or servants,
without such badge, shall have any authority to meddle or interfere
with any passenger or property. (Formerly: Acts 1852, 1RS, c.83, s.24.)
IC 8-4-1-25 State lien for penalties, taxes, and dues
Sec. 25. The state shall have a lien upon all railroads of such
corporations and their appurtenances and stock therein for all
penalties, taxes and dues which may accrue to the state from such
corporations; which lien of the state shall have precedence of all
demands, judgments or decrees against said corporations. And the
citizens of this state shall have a lien upon all personal property of
said corporations, to the amount of one hundred dollars ($100), for
all debts originally contracted within this state, which, after said lien
of the state, shall take precedence of all other debts, demands,
judgments or decrees, liens or mortgages against such corporations. (Formerly: Acts 1852, 1RS, c.83, s.26.)
IC 8-4-1-26
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-27
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-28
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-29
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-30
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-31 Maps and profiles; certificates of proposed line; filing
Sec. 31. Every corporation shall, within a reasonable time after
their road shall be located, cause to be made:
First. A map and profile thereof, and of the land taken and
obtained for the use thereof, and file the same in the office of the
secretary of state; and also like maps of the parts thereof located in
different counties, and file the same in the office of the clerk of the
county in which said parts of said road shall be, there to remain as of
record forever.
Second. A certificate specifying the line upon which it is proposed
to construct the railroad, and the grades and curves. (Formerly: Acts 1852, 1RS, c.83, s.33.)
IC 8-4-1-32 Failure to complete road; voiding of corporation
Sec. 32. If any such corporation shall not, within three (3) years
after its incorporation, begin the construction of its road, and expend
thereon five (5) per cent of the amount of its capital, and finish the
road and put it in full operation in ten (10) years thereafter, its act of
incorporation shall become void. (Formerly: Acts 1852, 1RS, c.83, s.34.)
IC 8-4-1-33
Repealed
(Repealed by Acts 1975, P.L.28, SEC.1.)
IC 8-4-1-34 Amendment or repeal of chapter
Sec. 34. This chapter may be amended or repealed at the
discretion of the legislature. (Formerly: Acts 1852, 1RS, c.83, s.37.) As amended by P.L.62-1984,
SEC.43.
IC 8-4-1-35 Stockholders; personal liability for labor
Sec. 35. The stockholders shall be individually liable to laborers,
their executors, administrators and assigns for all labor done in the
construction of said road and shall remain unpaid after the assets of
the corporation shall have been exhausted. (Formerly: Acts 1852, 1RS, c.83, s.38; Acts 1865(ss), c.25, s.1.)
