reglab/housing_qa huggingface dataset:
IN Code § 8-6-2.1-13 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-13. Remonstrances; Appeals

Sec. 13. (a) At the time fixed for the hearing, or at any time prior to that, any owner of land, right-of-way or other property to be appropriated under the resolution, and any railroad company or companies, any street railway company, and any person owning real or personal property situated within the city, may file a written remonstrance with the board.(b) At the hearing, which may be adjourned from time to time, the board shall hear all persons interested in the proceedings and consider all remonstrances that have been filed, and after considering them, the board shall take final action and determine the public necessity and convenience of the proposed improvement, and confirm, or modify and confirm, or rescind the resolution. The final action shall be duly entered of record, and is conclusive upon all persons, except as provided in sections 4 through 8 of this chapter. Any person who has remonstrated in writing and who is aggrieved by the decision of the board may take an appeal to the circuit court, superior court, or probate court in the county in which the city is located.[Pre-Local Government Recodification Citation: 19-5-14-13.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.42.
IN Code § 8-6-2.1-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-14. Filing of Order and Bond; Hearing

Sec. 14. Within twenty (20) days after the final action of the board, the remonstrator may file in the office of the clerk of the circuit court a copy of the order of the board, not including, unless he so desires, the maps, plans and specifications, and his remonstrance to them, together with his bond conditioned to pay the cost of the appeal if it is determined against him. All appeals shall be consolidated and heard as one (1) cause of action by the court, and the burden of proof is upon the remonstrators. The cause shall be tried and determined summarily by the court without the intervention of a jury, as other civil causes, and shall be given precedence over other matters pending in the court. Upon the trial of the cause, the court shall hear evidence upon the remonstrances and shall confirm the final action of the board on the resolution, or sustain the remonstrance or remonstrances to them, and the court may remand the resolution for further proceedings. If the resolution is confirmed the judgment of the court is conclusive upon all parties, and no appeal lies from the judgment.[Pre-Local Government Recodification Citation: 19-5-14-14.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-15 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-15. Agreements Concerning Planning and Completion of Work Projects

Sec. 15. The city, by its board of public works or board of public works and safety, the Indiana department of transportation, the county in which the city is located, by its board of commissioners, and the railroad company or companies whose track or tracks the improvement authorized in this chapter concern, may enter into a written agreement as to the plan of proceeding with the work, the allocation of the portions to be done by the respective parties, the division of cost between railroads, the amount of work to be done annually, the time within which the entire work is to be completed, the method and times of making equitable settlements of the cost between the parties, and any other matters tending to expedite the efficient and economical completion of the improvement. The agreement, however, may not have the effect of increasing the total cost of the improvement above the estimate. The agreement shall be filed with the board and considered a part of the resolution and constitutes the basis of all proceedings on the matters embraced in the agreement.[Pre-Local Government Recodification Citation: 19-5-14-15.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.39.
IN Code § 8-6-2.1-16 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-16. Costs to Be Borne by Parties in Interest

Sec. 16. (a) The total cost of the improvement to be borne by all the parties in interest includes the following:(1) The cost of constructing the grade elimination structure and the cost of raising or lowering the grade, or other alteration of any public highway, the construction or reconstruction of the pavement, including sidewalks and curbs, and the alteration, relocation and construction of drains or sewers required by the improvement.(2) The cost of elevation, depression, alteration, removal, relocation, construction and reconstruction of any railroad track or tracks and other facilities within or without the city.(3) The cost of any land, right-of-way, or other property required for the improvement.(4) The amount of damages, if any, recoverable under law by any person due to the improvement.(5) The compensation for services of the special engineer and additional engineering force, and of special counsel, if any, employed by the board, all of whom the board may employ.(6) The cost of supervision and inspection, the giving of notices, and all other expense necessarily incurred by the board in connection with the proceedings and improvement.(b) The total cost to be borne by all the parties in interest does not include the expense of opening new or additional highways, or the expense of establishing additional lanes of traffic to any highways, or the expense of providing rights-of-way or other facilities which represent an enlargement of or betterments to the facilities of any railroad affected by the improvement.[Pre-Local Government Recodification Citation: 19-5-14-16.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-17 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-17. Agreements Fixing Cost of Improvements Borne by Parties in Interest

Sec. 17. (a) The total cost of the improvement shall be borne by all of the parties in interest, in accordance with a written agreement or written agreements to be entered into by all the parties, fixing the portion of the total cost to be borne by each party subject, however, to the cost formula requirements set forth in section 4 of this chapter. The total cost shall be divided among and paid by the parties in accordance with the agreement or agreements. The portion of the total cost to be borne by the city does not constitute an indebtedness or obligation of the city in its corporate capacity, but shall be payable only out of special taxes and benefit assessments as provided by this chapter.(b) The Indiana department of transportation, any city affected by this chapter, and the county in which the city is located may each respectively enter into a written agreement or written agreements.(c) The agreement or agreements shall be executed on behalf of the Indiana department of transportation by the members of it and shall be binding upon the Indiana department of transportation. The agreement or agreements shall be executed on behalf of the city by the board and shall be binding on the city. The agreement or agreements shall be executed on behalf of the county by the board of county commissioners and shall be binding on the county.(d) To the extent that funds of any federal agency may be available to the Indiana department of transportation for use in paying any portion of the total cost which may be chargeable to or assumed by the Indiana department of transportation, the Indiana department of transportation may use the federal funds, if permitted by applicable federal laws, for the payment of the cost or any portion of it, or for the payment of all or any portion of either the city's or county's share of the cost; or the Indiana department of transportation may use the federal funds for any combination of these purposes. The board may apply for, accept, and use grants, loans or other financial assistance from any municipal, county, state, or federal government agency. To the extent any funds of any federal agency may be available to the city or the county for use in paying the costs, the city and county may use the federal funds, if permitted by applicable federal laws, for the payment of any portion of the cost which is chargeable to or assumed by the city and county.[Pre-Local Government Recodification Citation: 19-5-14-17.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.40.
IN Code § 8-6-2.1-18 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-18. Contracts; Bidding; Validity of Proceedings and Orders of Board and Contract

Sec. 18. Any portion or portions of the work of improvement under the resolution which is allotted to the city shall be done by contract or contracts, and all contracts shall be let under statutes governing the letting of contracts by the city. In event of the execution of a contract for the work, the validity of the contract may not subsequently be questioned by any person, except in a suit to enjoin the performance of the contract instituted within ten (10) days after its execution. All proceedings and orders of the board preliminary and prior to the contract, and the contract, are considered valid, conclusive and binding upon all persons and are not subject to attack for any cause after the ten (10) day period after its execution has expired.[Pre-Local Government Recodification Citation: 19-5-14-18.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-19 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-19. Warrants

Sec. 19. Any part of the city's portion of the total cost of the improvement which is necessary for the city to pay prior to the collection of benefit assessments under this chapter and prior to the issue and sale of bonds under this chapter, shall be paid as follows: the board shall, from time to time, certify the items of expense to the controller or clerk-treasurer, directing him to pay those amounts, and the controller or clerk-treasurer shall draw his warrant or warrants, and the warrant or warrants shall be paid out of the general fund of the city without appropriation being made by the common council; or, in case there is no money in the general fund of the city not otherwise appropriated, the city controller or clerk-treasurer shall recommend to the common council the temporary transfer from other funds of the city a sufficient amount to meet the items of expense, or the making of a temporary loan for this purpose, and the common council shall at once make the transfer of funds, or authorize the temporary loan in the same manner that other temporary loans are made by the city. The fund or funds of the city from which the payments are made shall be fully reimbursed and repaid by the board out of the special fund created by the sale of bonds and from benefit assessments or out of funds coming to the city from equitable settlements between the parties. The board may cause the amount for the temporary advancements on work to be provided for in the budget and tax levy of the city for the year when the funds are anticipated to be needed.[Pre-Local Government Recodification Citation: 19-5-14-19.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-21 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-21. Special Tax; Taxing District

Sec. 21. (a) Upon final action of the board or the circuit court, superior court, or probate court confirming the resolution, all territory lying within the corporate limits of the city shall become a special taxing district for grade separation and railroad relocation and reconstruction purposes, and all property, real and personal, located within the territorial limits of the district shall be subject to a special tax for the purpose of providing funds to pay the city's portion of the total cost of the improvement.(b) The special tax shall constitute the amount of benefits resulting to all of the property from the proceedings, and shall be levied in the manner provided for by this chapter. If the board determines that any lots or parcels of land, exclusive of improvements, lying within two thousand (2,000) feet of any grade crossing eliminated or altered by the improvement, or within two thousand (2,000) feet of any lands or rights-of-way abandoned for railroad use or from which railroad facilities are to be removed, will incur a particular benefit by reason of their proximity in addition to the benefits received by them in common with all other property located in the district, those lots and parcels of land which lie within the corporate limits of the city shall be subject to a special assessment for the benefits.(c) The special assessment shall be determined in accordance with this chapter, but the total amount of the additional benefits assessed shall not in any case exceed forty percent (40%) of the city's share of the total cost of the improvement; and the total amount of the additional benefits assessed and finally confirmed or adjudged against lots and parcels of land exclusive of improvements lying within two thousand (2,000) feet shall be deducted from the city's share of the total cost and the balance of the city's share of the total cost, is the amount of the benefits resulting to all property in the special taxing district, and the special tax shall be levied only for this balance. Any lot or parcel of land owned and used or occupied for railroad purposes at the time of the adoption of any resolution by any railroad company whose tracks are affected by the resolution, or any lot or parcel of land devoted to railroad purposes in connection with and because of the improvement, is not subject to any special assessment for the particular benefits.[Pre-Local Government Recodification Citation: 19-5-14-21.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.44.
IN Code § 8-6-2.1-22 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-22. Roll of Owners of Property Sought to Be Taken

Sec. 22. When the resolution is finally confirmed by the board, the board shall require the preparation of a roll of all the owners or holders of property sought to be taken, or who have incurred damages, and also of all of the owners or holders of lots or parcels of land lying within two thousand (2,000) feet of any grade crossing eliminated or altered by the improvement or within two thousand (2,000) feet of any lands or rights-of-way abandoned in whole or in part for railroad use or from which railroad facilities are to be removed, which will incur a particular benefit, as provided in section 21 of this chapter, from the grade separation or alteration and railroad relocation as provided for in the resolution. In addition to the list of names, the roll should show with reasonable certainty a description of the property to be appropriated, or affected either injuriously or beneficially, belonging to that person, and no greater certainty in names and description is necessary to the validity of any award or assessment than is required in the assessment of taxes.[Pre-Local Government Recodification Citation: 19-5-14-22.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-24 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-24. Interests of Mentally Incompetent Persons or Infants; Guardianship

Sec. 24. If any person having an interest in land affected by the proceedings is mentally incompetent or under the age of eighteen (18) years, the board shall certify that fact to its attorney. The attorney shall apply to the proper court and secure the appointment of a guardian for the person under eighteen (18) years of age or mentally incompetent person. The board shall give notice to the guardian, who shall appear and protect the interest of the protected person. If the person under eighteen (18) years of age or mentally incompetent person already has a guardian, the notice shall be served upon the guardian. The requisites of notice to the guardian shall be the same as for other notices.[Pre-Local Government Recodification Citation: 19-5-14-24.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.33-1989, SEC.8.
IN Code § 8-6-2.1-25 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-25. Appearance by Remonstrators; Appeals

Sec. 25. Any person notified or considered to be notified under this chapter may appear before the board on the day fixed for hearing the remonstrances with regard to awards and assessments, and remonstrate in writing against them. All persons appearing before the board having an interest in the proceedings shall be given a hearing. After the remonstrances have been received and the hearings had, the board shall either sustain or modify, by increasing or decreasing, the awards or assessments. Any person remonstrating in writing who is aggrieved by the decision of the board may, within ten (10) days after the decision is made, take an appeal to the circuit court, superior court, or probate court of the county in which the city is located. The appeal affects only the amount of the assessment or award of the person appealing.[Pre-Local Government Recodification Citation: 19-5-14-25.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.45.
IN Code § 8-6-2.1-26 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-26. Procedure on Appeal

Sec. 26. (a) The appeal shall be taken by filing an original complaint in the circuit court, superior court, or probate court of the county in which the city is located against the board within the time named, setting forth the action of the board in respect to the assessment or award, and stating the facts relied upon as showing an error of the board. The court shall rehear the matter of the assessment or award de novo, and confirm, lower or increase the amount. The cause shall be summarily tried by the court without the intervention of a jury, as in other civil cases. A change of venue from the county may not be taken.(b) All remonstrances upon which an appeal is taken may be consolidated and heard as one (1) cause of action, and all the appeals shall be heard and determined by the court within thirty (30) days after the time of filing of the appeal. If the court reduces the amount of benefit assessed against the land of the property owner by ten percent (10%) or more of the assessment by the board, or increases the amount of the damages awarded in the property owner's favor by ten percent (10%) or more of the amount awarded by the board, the plaintiff in the appeal shall recover costs, otherwise not.(c) The amount of the judgment in the court shall be final, and no appeal may be taken. However, any party in interest may take an appeal from the judgment to the supreme court of Indiana, upon the sole ground that the property in question has or has not incurred damages recoverable under law.[Pre-Local Government Recodification Citation: 19-5-14-26.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.46.
IN Code § 8-6-2.1-27 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-27. Assessment Liens; Payment; Tax Exemption

Sec. 27. (a) The assessment roll, upon final confirmation by the board, shall be delivered to the controller or clerk-treasurer, and from that time the respective amounts of benefits assessed shall severally be liens, superior to all other liens except taxes, against the respective lots or parcels of land upon which they are assessed. The duties of the controller or clerk-treasurer are those prescribed by statute in cities with regard to assessments for street improvements.(b) The assessments of benefits are due and payable to the controller or clerk-treasurer from the time of the delivery of the assessment roll to him. If not paid within thirty (30) days, the board's attorney shall proceed to foreclose the liens in a court as mortgages are foreclosed with similar rights of redemption, and have them sold to pay the assessments. The board shall recover costs with reasonable attorney's fees and interest at the rate of six percent (6%) per annum.(c) In all cases where the party against whom the assessment is made is a resident of the city, a notice of the assessment and demand for payment shall be delivered to him personally or mailed to his last usual place of residence. All persons assessed for local benefits may, within thirty (30) days after the confirmation of the assessments, avail themselves of the right to pay the assessment installments in the same manner as provided for the payment of assessments for street improvements in cities, except that the board may provide that the installments may be extended over a period of twenty (20) years, which privilege shall also be stated in the notice.(d) Statutes relating to the payment of street improvement assessments by installments, the issuance of bonds and coupons to anticipate assessments, and the rights of bondholders and landowners, when not inconsistent with this chapter, shall apply and be extended to assessments made under this chapter. When assessment bonds are issued, the city controller or clerk-treasurer shall sell the bonds promptly in the same manner and upon the same notice conditions as grade separation district bonds are authorized to be sold as provided in section 29 of this chapter, and the proceeds shall be kept in a separate fund as provided for in section 30 of this chapter. The assessment bonds shall be exempt from taxation for all purposes. All interest and penalties on delinquencies shall go into the special fund.[Pre-Local Government Recodification Citation: 19-5-14-27.]As added by Acts 1980, P.L.8, SEC.70.