reglab/housing_qa huggingface dataset:
IN Code § 8-6-1-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 1. Highway Crossings|8-6-1-4. Hearings on Location and Construction; Orders

Sec. 4. Whenever the department shall come to the conclusion, whether on account of the topography of the ground at the crossings, or on account of the great number of travelers using any crossing of a highway and railroad, or for any reason deemed by the department to be sufficient, that the grades of such crossing should be separated, and it shall be found practicable to do so, the department shall serve with notice the railroad company or companies, and also serve with notice the board of commissioners of the county or counties in which such highway crossing is located. Said notice shall set out that the department, on the day named, will consider the matter of separation of the grades at such crossing and the department shall have jurisdiction of the parties and the subject matter in said proceedings and shall hear and determine the matter. If satisfied that said crossing is dangerous to life and that safety and the accommodation of the public requires that the grades be separated, and that it is practicable to separate said grades, the department may so order. The department shall, in said order, prescribe the manner in which such separation shall be accomplished. The cost of such separation shall be borne one-fourth (1/4) by the county and counties in which such grade is separated and three-fourths (3/4) by the railroad company or companies, and whenever the department may order any such grades separated, it may, if it shall deem it best, relocate or consolidate highway crossings over railroads, street railroads, interurban street railroads, or suburban street railroads in this state, and may relocate or consolidate highways leading to any such crossing. If any of the parties to such proceeding fail or refuse to obey the orders of the department, the department may proceed, in any circuit or superior court of any one (1) of the counties in which said highway crossing may be located, to enforce its orders. The provisions of this section shall not apply to cities of over twenty thousand (20,000) population.Formerly: Acts 1913, c.182, s.4; Acts 1915, c.75, s.1. As amended by P.L.62-1984, SEC.94; P.L.384-1987(ss), SEC.59; P.L.81-1996, SEC.1.
IN Code § 8-6-1-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 1. Highway Crossings|8-6-1-6. Maximum or Ruling Grade; Exceeding

Sec. 6. In any case of grade separation under the provisions of this chapter, no plan shall be adopted by the department or order made requiring a grade of any railroad track that shall exceed the established maximum or ruling grade governing the operation of that division or part of the railroad on which separation of grades is to be made without the consent of the company operating said railroad; nor shall the track or tracks of the companies concerned be required to be placed below high-water mark at the point where such change is made.Formerly: Acts 1913, c.182, s.6. As amended by P.L.62-1984, SEC.96; P.L.384-1987(ss), SEC.60.
IN Code § 8-6-1-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 1. Highway Crossings|8-6-1-7. Relocation or Consolidation of Crossings; Hearing on Establishment or Extension of Highway at Grade Over Railroad; Construction of New Railroad

Sec. 7. (a) Whenever the department finds it best to relocate or to consolidate highway crossings over railroads in this state, it has jurisdiction for that purpose, and may serve the board of county commissioners and the railroad companies with notice, and shall proceed to hear and determine said matters, and thereupon make such orders as, in the opinion of the department, are necessary to make the said relocation or consolidation effective. Such orders shall be binding upon the parties so served with the notice, and if not observed by them within the time prescribed in said orders, the department shall proceed as provided in section 4 of this chapter to enforce such orders.(b) Whenever it shall be desired to establish or extend a highway at grade over any railroad in this state, it shall be necessary, before establishing or extending the highway, that the petitioners shall, by a procedure to be prescribed by the department, petition to obtain the authority of the department under IC 8-6-7.7-3.4. The grant or refusal of authority therefor by the department shall be final and conclusive except as provided in this chapter.(c) Whenever it shall be desired by any railroad company to construct a new railroad at grade over any public highway or highways in this state, it shall be necessary for a company, by a procedure to be prescribed by the department, to petition to obtain the authority of the department under IC 8-6-7.7-3.4, but it shall not be necessary to obtain such authority when such new railroad has secured its rights of way or is under construction. The grant or refusal of such authority shall be final and conclusive, except as provided in this chapter. Nothing herein shall prevent the department from subsequently altering or rescinding any grant or refusal of authority to construct such highway or railway, if, in its discretion, such alteration should be made.Formerly: Acts 1913, c.182, s.7. As amended by P.L.62-1984, SEC.97; P.L.384-1987(ss), SEC.61; P.L.81-1996, SEC.2.
IN Code § 8-6-1-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 1. Highway Crossings|8-6-1-8. Number of Crossings; Determination

Sec. 8. In determining the number of grade crossings the separation of which may be required under the provisions of this chapter, the railroad companies, street railroad, interurban street railroad, or suburban street railroad companies operating the lines of railway shall alone be considered, whether such lines are operated under the ownership of such companies or by lease, operating contract or otherwise. The number of miles so operated shall be determined by the length of the occupied main track right of way, regardless of the number of tracks operated thereon.Formerly: Acts 1913, c.182, s.8. As amended by P.L.62-1984, SEC.98.
IN Code § 8-6-1-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 1. Highway Crossings|8-6-1-9. Consent to Construction

Sec. 9. No railroad shall construct a railroad across a public highway at grade outside of the limits of any city or town without obtaining the written consent of the department required by section 7 of this chapter and by IC 8-6-7.7-3.4.Formerly: Acts 1913, c.182, s.10. As amended by P.L.384-1987(ss), SEC.62; P.L.81-1996, SEC.3.
IN Code § 8-6-2.1-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-1. Separation or Alteration of Grade Levels of Public Highway

Sec. 1. The board of public works or board of public works and safety, referred to in this chapter as the board, of a city may, by resolution, require the separation or alteration of the grade levels of any public highway in the city and of any railroad crossing the public highway, either by carrying the public highway under or over the railroad, or by carrying the railroad under or over the public highway, or by any combination of these means.[Pre-Local Government Recodification Citation: 19-5-14-1.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-2. Agreements for Removal of Railroad Facilities; Relocation and Reconstruction of Facilities

Sec. 2. The board may enter into an agreement or agreements with any railroad company for the removal of any track, roadbed, yard, station or other railroad facilities, and provide for the relocation and reconstruction of those facilities or any part of them if the board determines it necessary in connection with an improvement to provide for the abandonment for railroad purposes of any right-of-way, land or other property owned and used or occupied for railroad purposes by any railroad company.[Pre-Local Government Recodification Citation: 19-5-14-2.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-3. Department of Transportation Powers

Sec. 3. (a) The Indiana department of transportation shall participate in the proceedings and in the cost of any improvements made pursuant to the proceedings provided for by this chapter if any improvements involve a highway which is part of the state highway system or a street or highway selected by the Indiana department of transportation as a route of a highway in the state highway system.(b) If the Indiana department of transportation participates in any proceedings as set out in this chapter and in the cost of improvements made pursuant to the proceedings, the county in which the city is located shall also participate in the proceedings and in the cost of any improvements that are made pursuant to the proceedings.[Pre-Local Government Recodification Citation: 19-5-14-3.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.35.
IN Code § 8-6-2.1-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-4. Preparation of Maps and Plans

Sec. 4. (a) Whenever the board of any city determines that public necessity and convenience require the separation or alteration of the grade of any highway and any railroad at their intersection in the city, it shall order the preparation of general maps, and plans and specifications comprehending all work and changes necessary or incidental to the improvement, including the opening, widening, change, vacation, elevation, depression or reconstruction of any highway, and the elevation, depression, removal, relocation, construction or reconstruction of the track, roadbed, yards, station, or other facilities of any railroad, and also a description of all lands, rights-of-way and other property necessary to be acquired in connection with the improvement, and the manner in which they are to be acquired, whether by purchase or by appropriation, together with an estimate of the total cost to be incurred in connection with the improvement, as the total cost is defined by this chapter.(b) If the maps, plans and specifications provide for the abandonment for railroad purposes of any right-of-way, land or other property owned or used or occupied for railroad purposes by any railroad company, and the removal of any track, roadbed, yard, station or other facilities, requires the relocation and reconstruction of the facilities, or any part of them, the board, prior to the adoption of the resolution for the improvement, shall enter into an agreement or agreements with the railroad company affected, for adjustment of the costs and losses occasioned by the removal, relocation and reconstruction, and the value of all the property abandoned for railroad purposes and reclaimed for other uses, the apportionment of the adjusted costs, losses and values between the railroads affected and the city, and other matters necessarily related.(c) Cost adjustments required by this chapter are governed by IC 8-6-3, the provisions of which are incorporated in this chapter by reference.[Pre-Local Government Recodification Citation: 19-5-14-4.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-5. Parties to Agreements; Submission of Specifications, Maps, and Plans; Approval

Sec. 5. (a) If the Indiana department of transportation and the county in which the city is located participate in the proceedings, the Indiana department of transportation and the county shall become parties to the agreement, and the agreement or agreements shall be included in and be a part of the resolution for the improvement and shall be subject to the final confirmation, or modification and confirmation, or rescission of the resolution, but no modification of the agreement or agreements shall be effective without the written consent of the railroad company affected; and the consent shall be filed with the board.(b) The maps, plans and specifications shall be submitted by the engineer selected by the board to the Indiana department of transportation and to the board of commissioners of the county in which the city is located, and if the maps, plans and specifications meet the approval of the Indiana department of transportation and the board of commissioners, the approval shall be endorsed in writing on the documents.(c) No further proceedings may be had pursuant to this chapter until the general maps, plans and specifications have been approved by the Indiana department of transportation and the board of commissioners of the county.[Pre-Local Government Recodification Citation: 19-5-14-5.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.36.
IN Code § 8-6-2.1-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-6. Filing of Maps, Plans, and Specifications; Resolution; Inspection

Sec. 6. (a) After the general maps, plans and specifications are approved by the Indiana department of transportation and the board of commissioners of the county, they shall be filed with the board by the engineer. The board shall then adopt a resolution ordering the separation or alteration of grades or relocation and reconstruction of the facilities, or any part of them, as provided for in the maps, plans, specifications and agreements and ordering the acquisition of the property described within, and adopting all maps, plans, specifications, agreements, descriptions and the estimate of cost, allocating the portions of work to be done by the various parties, prescribing the time within which the several portions of the work shall be done, and declaring that the improvement provided for will be of public necessity and convenience.(b) The resolution, including all maps, plans, specifications, agreements, descriptions and estimate, shall be open to inspection at the office of the board by all persons interested in or affected by them.[Pre-Local Government Recodification Citation: 19-5-14-6.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.37.
IN Code § 8-6-2.1-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-7. Acquisition of Property; Cost Agreements

Sec. 7. (a) For the purposes of this chapter, the board may acquire, or order to be acquired, lands, rights-of-way and other property within the city and within five (5) miles outside the corporate limits of the city. All lands, rights-of-way and other property necessary to be acquired in connection with the improvement may be acquired by the board in the name of the city, or the board may, in the resolution, order and require the railroad to acquire any portion of the same as will permanently be occupied or used by the railroad. In the latter event, the railroad shall acquire the lands, rights-of-way, or other property specified in the resolution, either by purchase or by appropriation in the manner prescribed by statute.(b) If the work and changes provided for in the maps, plans and specifications adopted in the resolution affects the tracks or other facilities of more than one (1) railroad company, the railroad companies affected may, prior to the final confirmation of the resolution, file with the board their written agreement allocating between the companies the cost to be borne by each of them respectively.(c) If the railroad companies fail to enter into a cost agreement, the board shall incorporate in the resolution, before final confirmation, a provision fixing the relative amount of costs to be borne as between the railroad companies.[Pre-Local Government Recodification Citation: 19-5-14-7.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-8. Clearance and Grade

Sec. 8. Where the highway is carried over the railroad, or where one (1) railroad is carried over another railroad, the clearance from the top of the railroad track to the bottom of the superstructure over the track must be at least twenty-two (22) feet. The plans for the improvement shall not require a permanent grade of any main line railroad track to exceed three-tenths of one percent (.3%) unless a greater grade is agreed upon by the railroad company affected.[Pre-Local Government Recodification Citation: 19-5-14-8.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-9. Notice of Adoption of Resolution or Alteration of Grade; Remonstrances

Sec. 9. (a) Upon the adoption of the resolution for separation or alteration of grades, the board shall cause notice of the adoption and intention, and of the fact that the maps, plans, specifications, agreements and estimates have been prepared and can be inspected, to be published in accordance with IC 5-3-1. The notice shall name a day not less than twenty (20) days after the date of the last publication on which the board will receive or hear remonstrances from persons interested in or affected by the proceedings, and when it will determine the public necessity and convenience of the project.(b) A like notice shall be sent by mail to the owners of all lands to be appropriated under and by the resolution, and in case any landowner is a nonresident and the nonresident owner's place of residence is known, a like notice shall be mailed to the nonresident owner, but in event the nonresident owner's residence is unknown by the board, then the nonresident owner is considered to have been notified of the pendency of the proceedings by the publication of notice. A like notice shall also be served on a resident agent or officer of any railroad company or street railway company whose tracks are affected by the proceeding, but failure to serve the notice shall not invalidate the jurisdiction of the board in the premises.(c) If the Indiana department of transportation and the county in which the city is located participate in the proceedings, then a like notice shall be served upon the Indiana department of transportation and upon the board of commissioners of the county.[Pre-Local Government Recodification Citation: 19-5-14-9.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.38.
IN Code § 8-6-2.1-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-10. Parties Aggrieved

Sec. 10. All persons affected in any manner by the proceedings, including all owners of real or personal property in the city, are considered to be notified of the pendency of the proceedings, and of all subsequent acts, hearings, adjournments, resolutions and orders of the board, by the original notice by publication. In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is sufficient to describe the property to be purchased or appropriated by giving a description of the entire track by metes and bounds, whether the track is composed of one (1) or more lots or parcels, and whether owned by one (1) or more persons.[Pre-Local Government Recodification Citation: 19-5-14-10.]As added by Acts 1980, P.L.8, SEC.70.
IN Code § 8-6-2.1-11 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-11. Options to Purchase Land; Appraisals

Sec. 11. (a) When the land or any part of it is to be acquired by purchase, the resolution shall also state the maximum proposed cost, and the board may at any time prior to the adoption of the resolution obtain from the owner or owners of the land an option for its purchase, or the board may enter into a contract for the purchase of the land upon the terms and conditions the board considers best. The option or contract is subject to final confirmation or rescission of the resolution, and subject further to the condition that the land be paid for only out of the special fund resulting from the sale of grade separation district bonds and the collection of benefit assessments, or out of funds coming to the city from equitable settlements between the parties. If the board desires to acquire any lots or parcels of land by purchase, it shall appoint:(1) one (1) freeholder residing in the city, or in the county in which the city is located; and(2) two (2) appraisers licensed under IC 25-34.1;who are residents of Indiana, who are not interested in any land to be acquired or in land which may incur local benefits under such resolution, to appraise the value of the land. One (1) of the appraisers appointed under subdivision (2) must reside not more than fifty (50) miles from the property. The appraisers shall take an oath that they have no interest in the matter and that they will honestly and impartially make the valuation. The appraisers shall then proceed to view the land and consider and determine its true market value at that time.(b) The appraisers shall submit a written report of their appraisement to the board and the report shall be filed with and become a part of the record of the proceeding. The board may not exercise any option on the land or enter into a contract to purchase the land at a higher price than the value named in the report.[Pre-Local Government Recodification Citation: 19-5-14-11.]As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.113-2006, SEC.6.
IN Code § 8-6-2.1-12 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 6. Railroad Crossings|Chapter 2.1. Railroad Grade Crossing Separations|8-6-2.1-12. Title to Acquired Property

Sec. 12. The title to any lands, rights-of-way or other property acquired under and pursuant to the resolution, whether by purchase or by appropriation, shall not vest in the city until they are paid for 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. No indebtedness or obligation of any kind may be incurred by the city in its corporate capacity on account of the acquiring of any lands, rights-of-way or other property.[Pre-Local Government Recodification Citation: 19-5-14-12.]As added by Acts 1980, P.L.8, SEC.70.