reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-21. Chicago, South Shore, and South Bend Railway Capital Improvements Fund

Sec. 21. There is created a Chicago, South Shore, and South Bend Railway capital improvements fund. There is hereby appropriated the sum of three million six hundred thousand dollars ($3,600,000) to said fund. The fund shall be disbursed by the governor of the state of Indiana to any regional transportation authority, or commuter transportation district which has among its purposes the maintenance, operation and improvement of passenger service over the Chicago, South Shore, and South Bend Railway railroad and any extension thereof. As to capital improvements, the fund hereby appropriated shall only be expended at such time as the governor of the state of Indiana finds that the state of Illinois or any instrumentality thereof has appropriated and is ready to expend for Chicago, South Shore, and South Bend Railway passenger service improvement and development the sum of not less than one million dollars ($1,000,000), and the Indiana counties, through which the line runs, or instrumentalities thereof, have appropriated and are ready to expend for Chicago, South Shore, and South Bend Railway passenger service maintenance and improvement such sums as he may judge to be said counties' fair share of passenger service maintenance and improvement costs. Said costs to said counties may not exceed three million six hundred thousand dollars ($3,600,000) in the aggregate. Up to one million dollars ($1,000,000) of said fund may be expended at the discretion of the governor for the operation of said railroad.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1977, P.L.107, SEC.1; Acts 1978, P.L.57, SEC.3; Acts 1980, P.L.74, SEC.60; P.L.95-1987, SEC.3; P.L.2-1995, SEC.41.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-22. Repealed

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1977, P.L.107, SEC.2; Acts 1980, P.L.74, SEC.61. Repealed by P.L.95-1987, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-23. Rules and Regulations

Sec. 23. The department shall, subject to IC 8-9.5-2-6(7) (repealed), promulgate rules and regulations consistent with and for the purpose of adequately implementing the foregoing sections of this chapter.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.62; P.L.1-2009, SEC.68.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.7. Industrial Rail Service Fund › 8-3-1.7-1. "Railroad" Defined

Sec. 1. Except as provided in section 2(a)(6) of this chapter, for purposes of this chapter, the term "railroad" does not include a Class I or a Class II railroad as established by the Interstate Commerce Commission, or wholly owned subsidiaries of those railroads. A railroad or railroad company includes a port authority that exercises its right to operate as a railroad under IC 8-10-5-8.1.
As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.87-1997, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.7. Industrial Rail Service Fund › 8-3-1.7-2. Creation of Fund; Use

Sec. 2. (a) There is created a fund known as the industrial rail service fund. The fund shall consist of money distributed to the fund by IC 6-2.5-10-1 and IC 8-3-1.5-20. Amounts held in the fund may only be used to do the following:
(1) Provide loans to railroads that will be used to purchase or rehabilitate real or personal property that will be used by the railroad in providing railroad transportation services.
(2) Pay operating expenses of the Indiana department of transportation, subject to appropriation by the general assembly.
(3) Provide fifty thousand dollars ($50,000) annually to the Indiana department of transportation for rail planning activities. Money distributed under this subdivision does not revert back to the state general fund at the end of a state fiscal year.
(4) Provide money for the high speed rail development fund under IC 8-23-25.
(5) Provide grants to a railroad owned or operated by a port authority established under IC 8-10-5.
(6) Make grants to a Class II or a Class III railroad for the rehabilitation of railroad infrastructure or railroad construction.
(b) A grant made under subsection (a)(5) may not exceed twenty percent (20%) of the gross sales and use tax receipts deposited in the fund under IC 6-2.5-10-1 during the fiscal year preceding the fiscal year in which the grant is made.
(c) A grant program under subsection (a)(6) must:
(1) provide a grant to a recipient of not more than seventy-five percent (75%) of the cost of the project; and
(2) require a grant recipient to pay for not more than twenty-five percent (25%) of the cost of a project.
As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.96-1985, SEC.1; P.L.95-1987, SEC.4; P.L.84-1988, SEC.2; P.L.18-1990, SEC.37; P.L.83-1991, SEC.1; P.L.100-1993, SEC.1; P.L.87-1997, SEC.2; P.L.121-2001, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.7. Industrial Rail Service Fund › 8-3-1.7-3. Control of Fund; Responsibility for Administration

Sec. 3. The administrative control of the industrial rail service fund and the responsibility for the administration of this chapter are vested in the Indiana department of transportation.
As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.3; P.L.18-1990, SEC.38.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.7. Industrial Rail Service Fund › 8-3-1.7-4. Application; Approval; Criteria; Service of Loan

Sec. 4. Any railroad may apply for a loan from the industrial rail service fund for the purpose of providing railroad transportation service in Indiana. The application shall be submitted to the Indiana department of transportation. The department shall make the final decision as to whether or not to approve an application. In determining if a loan should be made to a railroad, the department shall consider the following criteria:
(1) The importance of the railroad transportation services that the loan would affect, in the broad perspective of Indiana's overall transportation network.
(2) The impact of a decision to not provide a loan on economic activity and employment in Indiana.
(3) The long term viability of the proposed project as demonstrated by the following:
(A) The long term prospect for the affected industries.
(B) The soundness of the proposed business plan including an analysis of the economic impact of the proposed fee structure on affected rail users.
(C) The management of the proposed rail line.
(D) The active involvement of affected rail users in the development of the proposed business plan.
Once an application is approved, the auditor of state shall service the loan.
As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.4; P.L.18-1990, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.7. Industrial Rail Service Fund › 8-3-1.7-5. Terms and Interest Rates for Loans

Sec. 5. The Indiana department of transportation shall set the terms and interest rates for loans made from the industrial rail service fund.
As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.5; P.L.18-1990, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.7. Industrial Rail Service Fund › 8-3-1.7-6. Redeposit of Repayments; Investments by Department of Transportation

Sec. 6. (a) Money held in the industrial rail service fund does not revert to the general fund at the end of a state fiscal year. Money loaned from the fund shall, when repaid, be redeposited in the industrial rail service fund.
(b) The Indiana department of transportation may invest money in the industrial rail service fund in the manner provided by law for investing money in the state general fund.
As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.6; P.L.18-1990, SEC.41.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-1. Freight Carriers; Law Governing

Sec. 1. The provisions of the chapter shall apply to all such corporations, foreign or domestic, and to the receivers and lessees thereof as shall be engaged in the business of a common carrier of freight in carload lots or less, for hire, on railroads between points within this state. The provisions of this chapter shall also apply to all carriers engaged in the performance of transfer or switching service on and over any terminal, transfer, belt, or switching railroad in this state; provided, that the provisions of this chapter shall not be so applied as to regulate or control interstate commerce, or to in any manner affect or regulate the charges imposed therefor. It is further provided that the provisions of this chapter shall not apply to any carrier or carriers within this state whose income from freight business does not equal thirty-three and one-third percent (33 1/3%) of their gross revenue.
Formerly: Acts 1907, c.231, s.1. As amended by P.L.62-1984, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-2. Freight Cars or Locomotives; Duty to Provide and Maintain

Sec. 2. All carriers subject to the provisions of this chapter are required to provide and to maintain in serviceable condition the number of suitable and substantial freight cars necessary to promptly supply the demands on their respective lines in this state for the prompt and expeditious shipment of all freight in carload lots. All such carriers are also required to provide and maintain in serviceable condition the number of suitable and substantial locomotives and other appliances and facilities necessary to promptly and expeditiously transport from point of origin to destination in this state all freight in carload lots which shall originate on their respective lines in this state and be tendered for transportation.
Formerly: Acts 1907, c.231, s.2. As amended by P.L.62-1984, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-3. Freight Movements; Time Limit

Sec. 3. All carriers subject to the provisions of this chapter are required, when any carload freight has been properly loaded and proper shipping instructions have been delivered, to move the same forward to destination, if on its line, or to the point of junction with the connecting carrier named in the shipping directions, not less than average of fifty (50) miles every twenty-four (24) hours, Sundays and legal holidays excepted; provided, that twenty-four (24) hours shall be allowed for movements through the terminals at point of origin and for passing through any transfer or terminal en route. Every such carrier shall receive from its connecting lines, at junction points, or at point of interchange agreed upon between them, all carload freight tendered there for forwarding on its lines and shall move the same forward to destination, or to the connecting carrier named in the shipping directions an average of not less than fifty (50) miles every twenty-four (24) hours, Sundays and legal holidays excepted; provided, that twenty-four (24) hours shall be allowed for the movement through the terminal at point of origin and for passing through any transfer or terminal en route. In case any such carrier shall fail, unless prevented by wrecks or strikes or accident to tracks, to forward carload shipments as provided in this section, then every such carrier shall forfeit and pay to the consignee of such freight the sum of five dollars ($5) per car for each twenty-four (24) hours or major part thereof that the same has not been moved forward as required by this section, and the sum due on account of any such forfeiture may be deducted from the freight charges following any such shipment. All shipments of freight in less than carload lots shall be moved by the carrier at the same rate of speed as required by this section for freight in carload lots, except that forty-eight (48) hours shall be allowed for getting out of terminal at point of origin, and for passing through any terminal or transfer en route. The penalty for failure to so move shipments of freight in less than carload lots shall be an amount equal to twenty-five percent (25%) of the freight charged on such shipment for every day's delay or fraction of a day.
Formerly: Acts 1907, c.231, s.3. As amended by P.L.62-1984, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-4. Consignee; Time for Freight Delivery; Forfeitures

Sec. 4. All carriers subject to the provisions of this chapter shall deliver to a consignee on a private track, a track used by the consignee for loading or unloading, or on their public delivery track, and receive from a connecting carrier, at any terminal point in this state, for the purpose of delivery to points located on its line at the terminal or points reached over or through its line at the terminal, all carload freight tendered it by a connecting line, and shall deliver the same to the consignee on a private track, or on its tracks, or to the connecting line on its tracks at the terminal, within twenty-four (24) hours after the freight is tendered. If a carrier fails to deliver a car, it shall pay to the consignee the sum of five dollars ($5) for each twenty-four (24) hours or major part thereof that it fails to make delivery as required by this section. Wrecks, strikes, or accidents to tracks are a sufficient excuse for failure to make delivery. The sum due because of a forfeiture may be deducted from the freight charges following a shipment. The Indiana department of transportation, after a full hearing of all parties interested, may relieve a carrier from switching carload freight at terminal points which is to be delivered upon its public delivery tracks at a terminal when it appears that the facilities of the carrier at the point are only sufficient to care for the business originating and terminating on its line at the point. Each carrier may impose and collect a reasonable transportation charge for the performance of the service required by this section.
Formerly: Acts 1907, c.231, s.4. As amended by P.L.62-1984, SEC.16; P.L.384-1987(ss), SEC.34; P.L.18-1990, SEC.42.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-5. Freight and Coal Cars; Duty to Provide; Shipment of Livestock and Perishable Property; Preference

Sec. 5. Every carrier subject to this chapter shall furnish to all parties who apply therefor, as provided in this chapter, suitable cars for the transportation of all kinds of freight in carload lots. If the car equipment of the carrier is not adequate to supply the whole number of cars demanded by applicants for immediate use, then the carrier shall distribute its available equipment between the applicants in proportion to their respective requirements for immediate use, and the distribution shall be made without discrimination between shippers or between competitive and noncompetitive points, subject to the rules of the Indiana department of transportation. Preference shall be given to the shipment of livestock and perishable property, and in all cases where any coal mine or mines are under contract to furnish all or any part of their product to the state for the use of all or any of the buildings or public institutions of the state, the department may, by order, require any carrier serving the mine or mines to supply empty coal cars to the mine or mines for delivery only of coal within Indiana up to one hundred percent (100%) of the cars necessary to fill the daily order contracted by the mine with the state for the use of state buildings or institutions. A carrier serving a coal mine or mines shall comply with the order. Reconsignment of shipments of coal are unlawful unless authorized by the Indiana department of transportation.
Formerly: Acts 1907, c.231, s.5; Acts 1920(2ss), c.15, s.1. As amended by P.L.62-1984, SEC.17; P.L.384-1987(ss), SEC.35; P.L.18-1990, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-6. Carload Freight Shipments; Billings; Records; Freight Cars Requested and Furnished

Sec. 6. Each carrier subject to this chapter shall provide and permanently keep at each billing station on its line in Indiana where it handles carload shipments a substantially bound book, which shall be in the form prescribed by the Indiana department of transportation, suitable for permanently recording and preserving the information required by this section and other information as the department may prescribe concerning the subject matter of this chapter. Any applicant for cars for use at a station shall record in the book the date of application showing the number and kind of cars required, when required, for what kind of loading, the point of destination, and other information as the department prescribes. If it is not practical or possible for the applicant to apply in person, then application may be made in writing or by wire, and if made in writing or by wire, then one (1) authentic copy shall be furnished the local agent for filing in the local agent's office, which copy shall constitute a part of the lawful record. Each carrier shall furnish to the applicant, in not less than forty-eight (48) hours after 6 p.m. of the day of filing such application, the cars so required, unless the cars are not so soon required, in which case they shall be furnished when required. The carrier's agent at every station shall record in the book the date the cars were furnished and billed out, and other information as the department may prescribe in the form for the record, and every record, or a properly authenticated copy, shall be competent evidence in all the courts of this state and before the department concerning the matters required to be recorded in the book. A carrier shall not be required to furnish cars for shipment unless applied for under this section. The distribution and delivery of coal cars to coal mines on carriers' lines in this state are not controlled by this section.
Formerly: Acts 1907, c.231, s.6. As amended by P.L.62-1984, SEC.18; P.L.384-1987(ss), SEC.36; P.L.18-1990, SEC.44; P.L.136-2018, SEC.83.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-7. Records; Freight Cars Requested and Furnished; Violations

Sec. 7. It is a Class C infraction for a person to make any false entry in the record provided for in section 6 of this chapter, or to alter, change, or mutilate any entry made in the record, without notice to and with the consent of the other party interested in the record. It is a Class C infraction for a person to record in such a record a demand for cars not required, or for more cars than are required, or to duplicate any demand for cars previously ordered and not then furnished.
Formerly: Acts 1907, c.231, s.7. As amended by Acts 1978, P.L.2, SEC.822; P.L.136-2018, SEC.84.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-8. Freight Cars; Delay in Furnishing; Forfeiture

Sec. 8. Every carrier subject to the provisions of this chapter which shall fail and neglect to furnish cars to applicants in accordance with the application therefor, and as provided in section 6 of this chapter, shall forfeit and pay to the applicant the sum of one dollar ($1) for each car for each twenty-four (24) hours, or the major part thereof, that the delivery of the same shall be delayed beyond the date when the cars were required to be furnished; provided, that such forfeiture shall not accrue if the carrier shall show to the satisfaction of the court or jury trying the cause that it did not have the cars in its control at the time they were required for delivery, and that, for a reasonable time prior to the failure and at the time of the failure, it had made and then made a bona fide and reasonable effort to supply its line with the necessary car equipment to care for the traffic then on its line and such future traffic as it could reasonably anticipate would be offered for shipment.
Formerly: Acts 1907, c.231, s.8. As amended by P.L.62-1984, SEC.19.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-9. Coal Cars; Duty to Furnish

Sec. 9. At the request of a carrier, coal mine operator, or other interested party, the Indiana department of transportation, after five (5) days notice to the interested carrier and the coal mine operators on the carrier's line and a full hearing, shall adopt rules for the distribution by the carrier of empty coal cars to the coal mines on the line of the carrier. The rules adopted by the department may not conflict with the provisions of section 5 of this chapter. The department shall prescribe the manner in which the cars shall be applied for, the manner in which the capacity and output of the mines shall be ascertained, and the manner in which empty cars shall be distributed and delivered. The department shall adopt other rules concerning the subject as are necessary to secure a fair and equitable distribution of cars without discrimination, so that each mine, in case of car shortage, shall be secured the maximum amount of working time to which it is entitled, after taking into consideration the capacity and output and the shipping orders of all the mines and the available equipment on the line for use in their operation. If conditions are the same, the department may adopt the same rules for all carriers having coal mines on their lines, or different rules for different lines, as the differing conditions may require. The rules shall go into effect upon the date fixed by the department and shall be observed by the carriers and all other persons until set aside or modified by the department. The department may, at any time, upon application by an interested party, modify or set aside the rules and adopt other rules as required. Any party interested in such rules may file a civil suit against the department in any court of competent jurisdiction to set aside or annul a rule adopted by the department.
Formerly: Acts 1907, c.231, s.9. As amended by P.L.62-1984, SEC.20; P.L.384-1987(ss), SEC.37; P.L.18-1990, SEC.45.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-10. Coal Cars; Failure to Furnish; Forfeiture

Sec. 10. A carrier that fails, neglects, or refuses to deliver to a coal mine operator on its line empty coal cars for use at the mine in accordance with this chapter and the rules of the Indiana department of transportation adopted under this chapter shall forfeit to the coal mine operator the sum of two dollars ($2) per day for each car for each day, or major part thereof, that the car remains undelivered.
Formerly: Acts 1907, c.231, s.10. As amended by P.L.62-1984, SEC.21; P.L.384-1987(ss), SEC.38; P.L.18-1990, SEC.46.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-11. Coal in Transit; Confiscation by Carrier

Sec. 11. When for any reason coal in transit is confiscated by the carrier, immediate notice shall be given both consignor and consignee of such confiscation, and any carrier failing or refusing to give such immediate notice shall, on settlement, pay fifty cents (50 cents) per ton over and above contract-price to consignee for such coal confiscated.
Formerly: Acts 1907, c.231, s.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-12. Forfeiture and Damages; Delay in Transportation or Failure to Furnish Freight Cars

Sec. 12. The forfeiture accruing under this chapter may be collected in any court of competent jurisdiction in any county in this state into which the carrier operates, and in case the plaintiff recovers, the court or jury trying the cause shall allow the plaintiff a reasonable sum for his attorney's fees. The accruing and collection of any such forfeiture shall not preclude any such party from collecting actual damages in excess thereof which he shall have sustained on account of any such delay in transportation or failure to furnish cars as required by this chapter.
Formerly: Acts 1907, c.231, s.12. As amended by P.L.62-1984, SEC.22.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-14. Actions and Proceedings to Enforce Railroad Law

Sec. 14. The Indiana department of transportation may inquire into the management and business of carriers as regulated by this chapter and shall keep informed as to the manner and method in which the management is conducted. The department may obtain from the carriers, and their agents, officers, and employees full and complete information to enable it to perform its duties under this chapter. The department shall execute and enforce this chapter and for that purpose may, with the approval of the governor, employ and pay special counsel and other persons to assist it. The department may sue in its name in all the courts of Indiana and prosecute all necessary and appropriate actions at law or suits in equity for the purpose of securing the observance and enforcement of this chapter. If the department, in an action, is entitled to a temporary restraining order or injunction, pending final hearing, the court shall grant the order or injunction with all reasonable dispatch and without requiring bond or surety from the department. All state statutes, concerning examinations by the department of books and papers, and the production thereof, and the attendance of examination of witnesses in any investigation held by the department, regulate the proceedings of the department in any investigations held by it under this chapter.
Formerly: Acts 1907, c.231, s.14. As amended by P.L.62-1984, SEC.24; P.L.384-1987(ss), SEC.39; P.L.18-1990, SEC.47.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-15. Temporary and Emergency Rates, Routes, and Regulations; Receivership

Sec. 15. If a carrier fails to provide the equipment, motive power, and other facilities necessary to properly receive and care for the business on their lines, as required by this chapter, or fails to perform the duties enjoined upon it by this chapter, and because of the failure considerable traffic on its line is refused or not promptly moved as required by this chapter, resulting in material injury to the citizens of a community in Indiana, or the industries or commerce of Indiana, then the Indiana department of transportation, after five (5) days notice to the carrier interested and a hearing, shall adopt temporary emergency rates, establish temporary emergency routes of shipment, and adopt temporary emergency rules concerning the movement of traffic as are necessary to correct the existing conditions and may issue orders suspending certain traffic in favor of other traffics for the purpose of preventing existing or threatened public calamity or distress. The carrier shall promptly comply with all orders of the department, and, upon its failure so to do, the department shall apply to a court of competent jurisdiction for the appointment of an operating receiver to enforce the orders and rules adopted by the department and may also apply to a court for the appointment of a receiver for a carrier to enforce a provision or requirement of this chapter which the offending carrier has failed to observe. In the proceeding, the court may operate a carrier through its receiver, enforce orders made by the department concerning the carrier as approved by the court, and continue so to do so long as is necessary. The court may order its receiver to purchase the equipment and motive power, and supply other appliances and facilities as may be necessary to properly transact the carrier's present and prospective business in Indiana as required by this chapter. The court may authorize its receiver to issue and sell receiver's certificates for the purpose of obtaining funds for the uses specified in this chapter or to issue certificates of indebtedness to pay for expenditures authorized by this chapter. The court may declare certificates authorized under this chapter to be the first and prior lien upon the property and income of the carrier in the manner and upon the terms as the court shall decree.
Formerly: Acts 1907, c.231, s.15. As amended by P.L.62-1984, SEC.25; P.L.384-1987(ss), SEC.40; P.L.18-1990, SEC.48.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 2. Operation of Freight Railroads › 8-3-2-16. Partial Invalidity of Law

Sec. 16. In case any of the provisions of this chapter shall be held invalid, such fact shall not operate to make invalid any other portion of the chapter, and the portions of this chapter not adjudged to be invalid shall be observed and enforced the same as though the invalid portion had not been enacted.
Formerly: Acts 1907, c.231, s.16. As amended by P.L.62-1984, SEC.26.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 3. Railroad Operation of Motor Carriers › 8-3-3-1. Freight and Passenger Service

Sec. 1. The corporate power of street and interurban railroad corporations and steam railroad corporations, organized under the laws of this state, is hereby extended and shall be construed to include the power to acquire, own and operate motor vehicles along and over the streets and highways of the state for the transportation for hire of passengers and freight, either directly or through a subsidiary company or companies, subject to all provisions of law concerning permits, licenses and regulation of such form of transportation for motor vehicles.
Formerly: Acts 1925, c.122, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 5. Railroad─application of Eminent Domain › 8-3-5-1. Application; Public Use

Sec. 1. The following may adopt the provisions of IC 8-4-1 for condemning real estate:
(1) Before July 1, 2017, any railroad company organized under Indiana statutes but not under IC 8-4-1.
(2) After June 30, 2017, a rail carrier (as defined in 49 U.S.C. 10102(5)) that is:
(A) incorporated in Indiana; or
(B) a foreign corporation, partnership, or limited liability company authorized to do business in Indiana.
However, nothing in this section contained shall be deemed or held to authorize such entities to condemn for any purpose that is not a public use authorized by its charter, but such entity adopting the provisions of that chapter shall not condemn more, or for any purpose than as authorized as a public use by its charter; neither shall such entity be deemed to have surrendered or abandoned its charter by condemning real estate as authorized in this section.
Formerly: Acts 1889, c.194, s.1. As amended by P.L.62-1984, SEC.27; P.L.146-2017, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 7. Railroad Rights-of-Way─weed Control › 8-3-7-1. Time for Cutting

Sec. 1. All railroad corporations doing business in this state shall, between July 1 and August 20 in each year, destroy detrimental plants (as defined in IC 15-16-8-1), noxious weeds, and rank vegetation growing on lands occupied by them.
Formerly: Acts 1889, c.82, s.1. As amended by P.L.191-1987, SEC.9; P.L.2-2008, SEC.25.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 7. Railroad Rights-of-Way─weed Control › 8-3-7-2. Violation; Penalty; Action to Recover

Sec. 2. In case any railroad company shall refuse or neglect to comply with the requirements specified in section 1 of this chapter, such company shall be liable in a penalty of twenty-five dollars ($25), to be prosecuted for in an action of debt by any person feeling himself aggrieved. Said suit may be brought before any court in the county, who shall require of the complainant surety to pay costs in case he fails to maintain his action. Summons may be served on any agent or officer of the company.
Formerly: Acts 1889, c.82, s.2. As amended by P.L.62-1984, SEC.28.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 8. Railroad Rights-of-Way─recording Deeds › 8-3-8-1. Time for Recordation

Sec. 1. Any railroad corporations, lessee or assignee or receiver, or other person or corporation, running, controlling or operating, or that may hereafter construct, build, run, control or operate, any railroad into or through this state, shall, within forty-five (45) days from the date of execution of any conveyance, lease, release or other contract affecting the right of way of any railroad hereafter constructed, record, or cause to be recorded, in the proper records in the recorder's office of the county wherein the lands are situate so conveyed, leased, released or constructed.
Formerly: Acts 1893, c.152, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 8. Railroad Rights-of-Way─recording Deeds › 8-3-8-2. Necessity for Recordation

Sec. 2. Every such conveyance, lease, release, or other contract affecting any right of way of any railroad not so recorded in forty-five (45) days, as provided for in section 1 of this chapter, shall be void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration.
Formerly: Acts 1893, c.152, s.2. As amended by P.L.62-1984, SEC.29.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 13. Rail Branch Lines › 8-3-13-1. Authority to Build and Operate

Sec. 1. Any railroad company organized under the laws of this state is hereby authorized to build and operate, in addition to the main line authorized by its charter or articles of association, branch railroads from any point or points on its main line, to or through any adjacent mineral lands, containing coal, iron or building stone, not, however, exceeding in distance fifty (50) miles from the nearest point on said main line: Provided, however, That no railroad company shall build any such branch railroad if the owners of one-third its stock object thereto.
Formerly: Acts 1865(ss), c.22, s.1; Acts 1869(ss), c.47, s.1; Acts 1889, c.63, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 13. Rail Branch Lines › 8-3-13-2. Construction and Maintenance; Charter Powers

Sec. 2. The powers of the charter of any railroad company constructing such branch in relation to the entering upon and taking possession of and acquiring title to any ground and materials necessary in the construction and maintenance of such road, shall be, and the same are hereby, extended to the construction and maintenance of any such branch road.
Formerly: Acts 1865(ss), c.22, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 15. Public Use of Railroad Land › 8-3-15-1. Railroad Right Retained

Sec. 1. The use by the public (of the) right of way or depot grounds of any railroad in this state by riding, driving or walking thereon, shall not ripen into a right to continue to do so even though it has been so used for a period of twenty (20) years or more; nor shall such use be evidence of a grant to do so except where such use is made across such ground to connect a street or highway on each side thereof, and except where a court of competent jurisdiction has adjudged the existence of a street or highway.
Formerly: Acts 1899, c.209, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 15. Public Use of Railroad Land › 8-3-15-3. Riding, Driving, or Walking on Right-of-Way or Yard a Misdemeanor; Definitions; Exceptions

Sec. 3. (a) A person who rides, drives, or walks on or along the right-of-way or yard of a railroad company at a place other than a public crossing commits a Class B misdemeanor.
(b) "Right-of-way" means the track or roadbed owned or leased by a railroad which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.
(c) "Yard" means a system of parallel tracks, cross-overs, and switches where cars are switched and made up into trains, and where cars, locomotives, and other rolling stock are kept when not in use or awaiting repairs.
(d) This section does not apply to:
(1) passengers on trains or employees of a railroad company while engaged in the performance of their duties;
(2) picketing by railroad employees in the vicinity of entrances to railroad company property;
(3) an authorized representative of the railroad employees;
(4) a person going upon the right-of-way or into the yard to save human life or to protect property;
(5) a person being on the station grounds or in the depot of the railroad company as a passenger or for the purpose of transacting business;
(6) a person, or the person's family or employees going upon the right-of-way for the purpose of crossing from one (1) part to another part of a farm the person owns or leases, where the farm lies on both sides of the right-of-way;
(7) a person having written permission from the railroad company to go upon the right-of-way;
(8) representatives of the Indiana department of transportation;
(9) representatives of the federal Surface Transportation Board; or
(10) a professional surveyor or a professional surveyor's employees who are on the right-of-way or in the yard for the purpose of making land surveys.
As added by Acts 1977, P.L.26, SEC.2. Amended by Acts 1982, P.L.62, SEC.4; P.L.384-1987(ss), SEC.41; P.L.18-1990, SEC.49; P.L.259-1999, SEC.1; P.L.57-2013, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-1. Appointment, Qualifications, and Terms

Sec. 1. Upon the application in writing of a company owning, leasing, using, or operating a railroad in Indiana accompanied by the statements of three (3) reputable Indiana citizens testifying to the moral character of the applicant, the Indiana department of transportation shall appoint and commission persons the company designates and the department finds to be suitable and qualified persons, to act as policemen for the company, upon the premises of the company, or elsewhere within Indiana, when engaged in the discharge of their duties as policemen for that company. Every policeman appointed shall be known as a railroad policeman and shall be a person of good moral character. The policeman shall be commissioned so long as the policeman is employed by the company on whose application the policeman was appointed, unless the policeman's commission is sooner revoked by the Indiana department of transportation for good cause shown, or by the company on whose application the railroad policeman was appointed, as provided in section 8 of this chapter.
Formerly: Acts 1927, c.18, s.1; Acts 1975, P.L.80, SEC.1. As amended by P.L.384-1987(ss), SEC.42; P.L.18-1990, SEC.50.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-2. Commission; Recordation; Powers and Duties

Sec. 2. (a) Every policeman appointed under this chapter shall, before entering upon the duties of office, take and subscribe an oath of office, which shall be endorsed upon the officer's commission, and the commission, with the oath, shall be recorded in the office of the clerk of the circuit court of the county in which the policeman resides. Every policeman who is appointed and commissioned as provided in this chapter shall have, exercise, and possess, throughout Indiana, while engaged in the discharge of the officer's duties as a policeman, the powers of sheriffs, marshals, constables, and municipal police officers, except in the service of civil process.
(b) A policeman who is appointed and commissioned under this chapter must wear a distinctive uniform and a badge of authority or must operate a motor vehicle that is clearly marked as a police vehicle when exercising the officer's authority to arrest or issue a traffic information and summons to a person for the violation of a law or ordinance regulating the use and operation of a motor vehicle on a public highway.
Formerly: Acts 1927, c.18, s.2. As amended by P.L.62-1984, SEC.31; P.L.72-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-3. Powers and Duties

Sec. 3. Such policemen shall enforce and compel obedience to the laws of this state and to the ordinances of the cities and towns thereof, when engaged in the discharge of their duties as policemen for such company, and the keepers of jails, lock-ups and station-houses, in any county, city or town shall receive all persons arrested by such policemen for the commission of any offense against the laws of this state, or the ordinances of any such city or town, to be dealt with according to law, and persons so arrested shall be received by such keepers of jails, lock-ups or station-houses, on the same basis, and such persons shall have the same status as prisoners arrested by any other peace officer of the state of Indiana.
Formerly: Acts 1927, c.18, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-3.5. Educational and Training Requirements

Sec. 3.5. (a) All railroad police commissioned under this chapter shall, within one (1) year of their commissioning, successfully complete all educational and training requirements established by rule of the Indiana department of transportation.
(b) Any newly commissioned railroad policeman who has had previous law enforcement experience and schooling which exceeds the training requirements established by the Indiana department of transportation may, upon proof of the policeman's previous experience and training, obtain a waiver of the training requirements imposed by this section.
Formerly: Acts 1975, P.L.80, SEC.2. As amended by P.L.384-1987(ss), SEC.43; P.L.18-1990, SEC.51.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-4. Badge; Exhibition Upon Demand and Before Making Arrest

Sec. 4. Every policeman so appointed and commissioned shall, when on duty, as herein provided, wear a metallic badge, with the word "Police" and the name of the railroad company for which he is appointed, inscribed thereon, and he shall exhibit such badge, on demand, and before making an arrest.
Formerly: Acts 1927, c.18, s.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-6. Surety Bond

Sec. 6. Every policeman appointed and commissioned shall, before entering upon the discharge of the policeman's duties, give a surety bond of five thousand dollars ($5,000), conditioned upon the faithful performance of the policeman's duties. All the bonds shall be filed with and approved by the Indiana department of transportation, and, upon filing the bond, the policeman shall pay to the department ten dollars ($10).
Formerly: Acts 1927, c.18, s.6; Acts 1975, P.L.80, SEC.3. As amended by P.L.384-1987(ss), SEC.44; P.L.18-1990, SEC.52.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-7. Certificate; Issuance of Commission

Sec. 7. Upon the issuance of a commission to any policeman, as provided for in this chapter, the Indiana department of transportation shall also issue to that policeman a certificate certifying that the commission has been issued, giving the name of the policeman commissioned, the name of the railroad company that policeman represents, and designating the date on which the commission was issued. The certificates shall be of the form, size, and description as the department may determine.
Formerly: Acts 1927, c.18, s.7; Acts 1975, P.L.80, SEC.4. As amended by P.L.384-1987(ss), SEC.45; P.L.18-1990, SEC.53.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-8. Termination of Powers

Sec. 8. When a company no longer requires the services of a policeman, it shall file a notice to that effect, under its corporate seal, with the clerk of the circuit court of the county where the commission of that policeman is recorded, which shall be noted by the clerk of the circuit court upon the margin of the record where the commission is recorded. The company shall also file notice with the Indiana department of transportation. Thereupon, the powers of that policeman terminate.
Formerly: Acts 1927, c.18, s.8; Acts 1975, P.L.80, SEC.5. As amended by P.L.384-1987(ss), SEC.46; P.L.18-1990, SEC.54.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-9. Definitions

Sec. 9. The term "railroad or railroads" or "railroad company" or any combination of such terms as used in this chapter shall be construed to include both steam and interurban railroads but shall not be construed to include hobby, tourist, amusement, and non-freight-carrying railroads.
Formerly: Acts 1927, c.18, s.9. As amended by Acts 1976, P.L.26, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 17. Railroad Police › 8-3-17-11. Effect of Acts 1975, p.l.80 on Commissions

Sec. 11. Acts 1975, P.L.80 does not affect the validity of a railroad policeman's commission in existence on January 1, 1976.
As added by P.L.1-1989, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 18. Conductor's Police Power › 8-3-18-2. Ejection of Passengers; Refund of Fare

Sec. 2. When any passenger shall be guilty of disorderly conduct, or use any obscene language, or play any games of cards or chance for money upon any passenger trains, the conductor of such train is hereby authorized to stop his train at any place where such offense has been committed, and eject such passenger from the train, using only such force as may be necessary to accomplish such removal, and may command the assistance of the employees of the railroad company to assist in such removal; but, before doing so, he shall tender to such passenger such proportion of the fare he has paid as the distance he then is from the place to which he has paid his fare bears to the whole distance for which he has paid his fare.
Formerly: Acts 1875, c.84, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 18. Conductor's Police Power › 8-3-18-3. Arrest of Passenger; Delivery Before Court; Affidavit

Sec. 3. When any passenger commits a crime upon any passenger train, the conductor of the train may arrest the passenger and take him before a court in the county in which the crime is committed, and file an affidavit charging him with the crime.
Formerly: Acts 1875, c.84, s.3. As amended by Acts 1978, P.L.2, SEC.823.