reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 2.1. Railroad Grade Crossing Separations › 8-6-2.1-30. Proceeds From Sale of Bonds

Sec. 30. All proceeds from the sale of bonds issued under section 29 of this chapter, together with all money collected from benefit assessments, or from the sale of assessment bonds, shall be kept as a separate and specific fund, entitled grade separation or railroad relocation and reconstruction fund, to pay the city's portion of the total cost of the grade separation improvement, and no part of the fund may be used for any other purpose. The fund shall be deposited with the depository or depositories of other public funds of the city. Any surplus remaining in the fund, after all the city's portion of the total cost is fully paid, shall be paid into and become a part of the grade separation or railroad relocation and reconstruction bond fund as referred to in section 31 of this chapter.
[Pre-Local Government Recodification Citation: 19-5-14-30.]
As added by Acts 1980, P.L.8, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 2.1. Railroad Grade Crossing Separations › 8-6-2.1-31. Special Tax Levy

Sec. 31. (a) In order to raise money to pay all bonds issued under section 29 of this chapter, including interest, the common council of the city shall levy each year a special tax upon all of the taxable property, both real and personal, located within the territorial limits of the special taxing district, in such manner as to pay the principal of the bonds as they severally mature, together with all accruing interest.
(b) The tax levied shall be collected by the county treasurer in the same manner as other taxes are collected. As the tax is distributed to the controller or clerk-treasurer it shall be deposited in a separate fund, to be known as the grade separation or railroad relocation and reconstruction bond fund, and shall be applied to the payment of the special taxing district bonds and interest as they severally mature, and to no other purposes. All accumulation of the fund prior to its use for the payment of the bonds and interest shall be deposited in the depository or depositories of other public funds in the city.
[Pre-Local Government Recodification Citation: 19-5-14-31.]
As added by Acts 1980, P.L.8, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 2.1. Railroad Grade Crossing Separations › 8-6-2.1-32. Payment for Lands Acquired by Purchase, Contract, or Eminent Domain; Title to Lands

Sec. 32. If the lands acquired for the improvement or any part of it are secured by purchase or contract, the payment shall be made according to the terms of the contract. If lands are taken by condemnation, the amount of damages assessed shall be paid or tendered within ninety (90) days after the final determination of the condemnation proceedings, or as soon thereafter as the funds arising from the bonds and the assessment of benefits are available. The title to the lands, or that portion paid for or otherwise acquired for these purposes, then vests in the city.
[Pre-Local Government Recodification Citation: 19-5-14-32.]
As added by Acts 1980, P.L.8, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 2.1. Railroad Grade Crossing Separations › 8-6-2.1-33. Filing of Description of Acquired Lands

Sec. 33. Within sixty (60) days after any land or right in it is paid for and acquired under this chapter, the board shall file and have recorded in the recorder's office in the county in which the land is situated a description of it sufficiently accurate for its identification, with a statement of the purpose for which it is acquired or taken. The description shall be signed by a majority of the board. The board may transfer to any railroad company or companies any property acquired in connection with the improvement, but intended for the permanent occupation or use of the railroad or railroads, after proper adjustment in the equitable settlements between the parties.
[Pre-Local Government Recodification Citation: 19-5-14-33.]
As added by Acts 1980, P.L.8, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 2.1. Railroad Grade Crossing Separations › 8-6-2.1-34. Limitations Upon Expenditures and Appropriations

Sec. 34. No part of any of the funds raised by the city or received by the city under this chapter may be expended, except upon warrants drawn by the city controller or clerk-treasurer upon vouchers of the board. No appropriation in any form is necessary, but all funds arising under this chapter are appropriated to the respective purposes named in this chapter, and are under the control of the board, and the board may expend the funds for the purposes stated in this chapter.
[Pre-Local Government Recodification Citation: 19-5-14-34.]
As added by Acts 1980, P.L.8, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 2.1. Railroad Grade Crossing Separations › 8-6-2.1-35. Application of Ic 8-6-3 to Maintenance Costs

Sec. 35. Maintenance costs requirements are governed, to the extent applicable, by IC 8-6-3.
[Pre-Local Government Recodification Citation: 19-5-14-35.]
As added by Acts 1980, P.L.8, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 2.1. Railroad Grade Crossing Separations › 8-6-2.1-36. Jurisdiction and Authority of Board of Each City

Sec. 36. (a) The jurisdiction and authority of the board of each city are complete in relation to all matters provided for in this chapter, except in the levying of taxes. In carrying out this chapter it is not necessary to comply with any other statute, except as specifically provided.
(b) If no procedure is provided for by this chapter for doing anything authorized or contemplated by it, the procedure provided by other statutes in similar cases may be followed.
[Pre-Local Government Recodification Citation: 19-5-14-36.]
As added by Acts 1980, P.L.8, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 3. Division of Costs of Improvements to Railroad Grade Separations › 8-6-3-2. Application of Other Laws; Maintenance After Construction

Sec. 2. (a) This chapter shall not authorize the separation of grade crossings of railroads and highways where not authorized by other laws, but shall be considered as supplemental to other laws, and all division of costs as provided for in this chapter, and all provisions for the payment and collection of such costs and expenses and other provisions of other laws relating to the subject matter shall continue in effect, except as inconsistent with this chapter.
(b) Provided, however, that any such railroad or railroads shall be authorized to make all changes in the roadbed, grade, rails, ties, bridges, buildings, and other structural changes as may be necessary to effect such grade separation, and to restore such railroad facilities aforesaid to substantially the same condition as before said separation and the costs and expenses incurred by said railroad or railroads, and in excess of the amount, if any, to be borne by the railroad or railroads, as in this chapter provided, shall be paid by the state, county, or municipality, as the case may be, to such railroad or railroads making such changes.
(c) After the construction of any such grade separation, the public authority or municipality having jurisdiction over such street or highway shall maintain the street or highway, and structures supporting it, and the drainage thereof, where the street or highway is carried over the railroad or railroads, and the railroad or railroad companies shall maintain its or their railway tracks, and where the street or highway is carried under any such railroad or railroads, then the public authority or municipality having jurisdiction over such street or highway, shall maintain the street or highway, and the drainage thereof, and the railroad or railroads shall maintain its or their roadbed and tracks and structures supporting the same.
Formerly: Acts 1939, c.41, s.2. As amended by P.L.62-1984, SEC.99.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 3. Division of Costs of Improvements to Railroad Grade Separations › 8-6-3-3. Order or Consent by Department

Sec. 3. Notwithstanding any other provisions of this chapter or existing laws in regard to which this chapter is supplemental, the Indiana department of transportation shall not be chargeable with any costs or expenses contemplated by this chapter unless the Indiana department of transportation shall either order or consent to a proposed grade separation or elevation contemplated by this chapter.
Formerly: Acts 1939, c.41, s.3. As amended by Acts 1980, P.L.74, SEC.64; P.L.18-1990, SEC.72.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 3. Division of Costs of Improvements to Railroad Grade Separations › 8-6-3-4. Railroad Relocation Projects; Allocation of Cost; Local Government Powers

Sec. 4. (a) Where a grade separation results from a railroad relocation project funded in substantial part by the federal government, the shares of the cost of the grade separation shall be allocated among all the participating governmental units and affected railroads as they may agree.
(b) A county, city, or town, in connection with any railroad relocation project funded in substantial part by the federal government, may:
(1) purchase, lease, or sell real or personal property;
(2) design and construct any pedestrian, motor vehicle, or railroad transportation facilities;
(3) enter into any contracts with federal, state, or local governmental agencies or the owner or operator of any railroad transportation system;
(4) convey by deed or lease, pursuant to written agreement, any pedestrian, motor vehicle, or railroad transportation facilities for any federal, state, or local governmental agency or the owner or operator of any railroad transportation system;
(5) issue any bonds, notes, or warrants for financing its share of the cost of the project; and
(6) perform all incidental and necessary acts in connection with the railroad relocation project.
(c) A city or town may exercise powers granted by this section within four (4) miles outside its corporate boundaries.
As added by P.L.65-1984, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 4. Signals at Railroad Grade Crossings › 8-6-4-0.3. Legalization of Certain Ordinances; Review of Crossing Safety Levels; Program to Increase Crossing Safety; Development of Crossing Safety Program; Consultation With Railroads, Municipalities

Sec. 0.3. (a) An ordinance that would be permitted under section 1(e) of this chapter, as added by P.L.101-1993, that was adopted before April 27, 1993:
(1) is legalized; and
(2) may be enforced after May 11, 1993.
(b) The Indiana department of transportation shall conduct a review of crossing safety levels at all crossings to which an ordinance legalized under this section applies. The department shall complete a study required by this subsection not later than one (1) year after April 27, 1993.
(c) If the Indiana department of transportation finds, based upon the results of the department's review under subsection (b), that the crossing safety level at a crossing to which an ordinance legalized under this section applies creates an undue risk of harm to the public, the department shall, after consulting with the railroad and the municipality, develop a program to increase crossing safety at the crossing to an acceptable level, as determined by the department.
(d) A program to increase crossing safety under subsection (c) must be decided after an evaluation of all remedies available to the Indiana department of transportation and the costs and benefits of each remedy. The department must consider the following in an evaluation of the costs and benefits of each remedy upon the municipality:
(1) The degree to which the remedy is likely to increase safety at the crossing.
(2) The economic impact of the cost of the remedy, including possible cost-sharing mechanisms.
(3) The impact of the remedy upon the environment in the municipality.
As added by P.L.220-2011, SEC.193. Amended by P.L.69-2013, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 4. Signals at Railroad Grade Crossings › 8-6-4-1.3. Legalization of Certain Ordinances; Review of Crossing Safety Levels; Program to Increase Crossing Safety

Sec. 1.3. (a) An ordinance that would be permitted under section 1(e) of this chapter, as added by P.L.101-1993, that was adopted before April 27, 1993:
(1) is legalized; and
(2) may be enforced on May 12, 1993.
(b) The Indiana department of transportation shall conduct a review of crossing safety levels at all crossings to which an ordinance legalized under this section applies.
(c) If the Indiana department of transportation finds, based upon the results of the department's review under subsection (b), that the crossing safety level at a crossing to which an ordinance legalized under this section applies creates an undue risk of harm to the public, the department shall, after consulting with the railroad and the municipality, develop a program to increase crossing safety to an acceptable level, as determined by the department, at the crossing.
(d) A program to increase crossing safety under subsection (c) must be decided after an evaluation of all remedies available to the Indiana department of transportation and the costs and benefits of each remedy. The department must consider the following in an evaluation of the costs and benefits of each remedy upon the municipality:
(1) The degree to which the remedy is likely to increase safety at the crossing.
(2) The economic impact of the cost of the remedy, including possible cost-sharing mechanisms.
(3) The impact of the remedy upon the environment in the municipality.
As added by P.L.220-2011, SEC.194. Amended by P.L.69-2013, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 4. Signals at Railroad Grade Crossings › 8-6-4-2. Violations; Penalties; Damages for Personal Injuries or Property Damage

Sec. 2. (a) Every engineer or other person in charge of or operating an engine, who shall fail or neglect to comply with the provisions of section 1 of this chapter, shall be held personally liable to the state, in a penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), to be recovered in a civil action brought by the state in the circuit or superior court of any county where the crossing is located.
(b) A railroad company that violates section 1(c) of this chapter shall be held liable therefor to the state for a penalty of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), to be recovered in a civil action brought by the state in the circuit or superior court of any county where the crossing is located. The railroad company in whose employ such engineer or person may be, as well as the engineer or person in charge of or operating the engine, shall be liable in damages to any person, or the person's representatives, who may be injured in property or person, or to any corporation that may be injured in property, by the neglect or failure of said engineer or other person as aforesaid.
(c) A railroad company that violates section 1(b) of this chapter may be held liable to the state for a penalty of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000), to be recovered in a civil action brought by the state in the circuit or superior court of any county where the crossing is located.
Formerly: Acts 1879(ss), c.77, s.2; Acts 1972, P.L.63, SEC.2. As amended by P.L.1-2009, SEC.69; P.L.182-2009(ss), SEC.508.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 4. Signals at Railroad Grade Crossings › 8-6-4-3. Actions to Recover Penalties; Venue

Sec. 3. All actions for the recovery of the penalties prescribed in section 2 of this chapter shall be prosecuted in the name of the state by the prosecuting attorney of any county where the failure or neglect occurs.
Formerly: Acts 1879(ss), c.77, s.3. As amended by P.L.62-1984, SEC.101; P.L.192-1986, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 4. Signals at Railroad Grade Crossings › 8-6-4-5. Fines and Penalties; Disposition

Sec. 5. All fines and penalties collected under the provisions of this chapter shall be appropriated to the benefit of the common school fund of the state, and the clerk of the court wherein such fines and penalties may be assessed and recovered shall, upon receipt thereof, pay the same over to the treasurer of said county, for the purpose aforesaid.
Formerly: Acts 1879(ss), c.77, s.5. As amended by P.L.62-1984, SEC.102.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 5. Flagmen at Railroad Grade Crossings › 8-6-5-1. Duty to Employ; Hours for Duty

Sec. 1. All railroads owned or operated in the state having more than two (2) tracks across any public highway or road, and used for switching purposes exclusively or regularly, or if only one (1) track and used for switching purposes, said railroad corporation shall, upon the order of the county commissioners in which said railroad is located, place a flagman at said crossing and maintain the same at their expense from six o'clock a.m. to eight o'clock p.m. of each day and every day, or so long as said commissioners deem it necessary.
Formerly: Acts 1891, c.150, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 5. Flagmen at Railroad Grade Crossings › 8-6-5-2. Failure to Employ; Forfeiture

Sec. 2. Should said railroad corporation neglect or refuse to comply with said order, they shall forfeit and pay to the state of Indiana not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
Formerly: Acts 1891, c.150, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 6. Traffic Protection at Railroad Grade Crossings › 8-6-6-1. Specifications and Requirements; Violations

Sec. 1. It is a Class C infraction for a person, or the lessee or receiver of any person, who owns or operates any line of steam or interurban railroad to run trains without installing and maintaining, at each grade crossing of its railroad with any public highway, railroad crossing signs (crossbucks) and number of tracks signs if required, placed at right angles with the highway, where possible. The construction of the signs and warning notice must be in conformance with the manual on uniform traffic control devices adopted under IC 9-21-2-1.
Formerly: Acts 1911, c.224, s.1; Acts 1913, c.242, s.1. As amended by Acts 1978, P.L.2, SEC.824; Acts 1982, P.L.76, SEC.1; P.L.2-1991, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7. Extra Hazardous Grade Crossings › 8-6-7-1. Petition for Installation; Hearings

Sec. 1. The Indiana department of transportation shall, upon proper petition by:
(1) five (5) or more citizens of this state; or
(2) a board of county commissioners;
conduct a hearing to declare as dangerous or extra hazardous any grade crossing in this state that the department finds to be of such a character as that the safety of the users of the highway requires the installation of automatic train-activated warning signals or other crossing safety devices. The petition, hearing, and all proceedings must conform with IC 4-21.5.
Formerly: Acts 1931, c.89, s.1; Acts 1933, c.61, s.1; Acts 1935, c.234, s.1; Acts 1965, c.200, s.1. As amended by P.L.384-1987(ss), SEC.64; P.L.18-1990, SEC.74.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7. Extra Hazardous Grade Crossings › 8-6-7-2. Repealed

Formerly: Acts 1931, c.89, s.2. As amended by Acts 1965, c.200, s.2. Repealed by Acts 1973, P.L.66, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7. Extra Hazardous Grade Crossings › 8-6-7-3. Repealed

Formerly: Acts 1931, c.89, s.3. As amended by Acts 1965, c.200, s.3. Repealed by Acts 1973, P.L.66, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7. Extra Hazardous Grade Crossings › 8-6-7-4. Repealed

Formerly: Acts 1931, c.89, s.4. As amended by Acts 1965, c.200, s.4. Repealed by Acts 1973, P.L.66, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.5. Blocking Railroad Grade Crossings › 8-6-7.5-1. Time Limit

Sec. 1. It shall be unlawful for a railroad corporation to permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing for a period in excess of ten (10) minutes, except where such train, railroad car or engine cannot be moved by reason of circumstances over which the railroad corporation has no control.
Formerly: Acts 1972, P.L.63, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.5. Blocking Railroad Grade Crossings › 8-6-7.5-2. Successive Train Movements

Sec. 2. It shall be unlawful for a railroad corporation to permit successive train movements to obstruct vehicular traffic at a railroad-highway grade crossing until all vehicular traffic previously delayed by such train movements has been cleared or a period of five (5) minutes has elapsed between train movements.
Formerly: Acts 1972, P.L.63, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.5. Blocking Railroad Grade Crossings › 8-6-7.5-3. Violations; Minimum Judgment; Funds Deposited in Industrial Rail Service Fund

Sec. 3. (a) A railroad corporation that violates this chapter commits a Class C infraction. The minimum judgment that may be entered for a Class C infraction under this section is two hundred dollars ($200).
(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations of this section must be deposited in the industrial rail service fund established by IC 8-3-1.7-2.
Formerly: Acts 1972, P.L.63, SEC.4. As amended by Acts 1978, P.L.2, SEC.825; P.L.162-2015, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.6. Unobstructed View at Crossings › 8-6-7.6-1. Repealed

Formerly: Acts 1972, P.L.64, SEC.1. As amended by P.L.103-2001, SEC.1; P.L.2-2013, SEC.1. Repealed by P.L.198-2016, SEC.63.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.6. Unobstructed View at Crossings › 8-6-7.6-1.1. Repealed

As added by P.L.2-2013, SEC.2. Amended by P.L.205-2014, SEC.1. Repealed by P.L.198-2016, SEC.64.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.6. Unobstructed View at Crossings › 8-6-7.6-1.5. Definitions

Sec. 1.5. The following definitions apply throughout this chapter:
(1) "Field side" means the side of a rail pointing away from a track.
(2) "Maximum authorized speed limit" means the maximum speed limit authorized under Federal Railroad Administration track classifications and safety standards.
(3) "Passive warning device" means a crossbuck assembly with a yield or stop sign installed in accordance with the Indiana Manual on Uniform Traffic Control Devices.
(4) "Public rail-highway grade crossing" means any location where a public highway, street, or road crosses one (1) or more railroad tracks at grade.
(5) "Right-of-way" means the right-of-way at a public rail-highway grade crossing that is controlled by a railroad.
(6) "Train-activated warning device" means a train-activated warning device or other active traffic control device installed in accordance with the Indiana Manual on Uniform Traffic Control Devices.
As added by P.L.198-2016, SEC.65.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.6. Unobstructed View at Crossings › 8-6-7.6-2. Repealed

Formerly: Acts 1972, P.L.64, SEC.1. As amended by P.L.103-2001, SEC.2; P.L.2-2013, SEC.3. Repealed by P.L.198-2016, SEC.66.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.6. Unobstructed View at Crossings › 8-6-7.6-2.1. Violation; Civil Penalty; Action to Recover

Sec. 2.1. A railroad that violates section 3 or 4 of this chapter is subject to a civil penalty of one hundred dollars ($100) for each day the violation continues. The maximum penalty under this section is five thousand dollars ($5,000). The Indiana department of transportation may bring an action to recover a civil penalty under this section in the circuit or superior court of the county in which the crossing that is the subject of the violation is located.
As added by P.L.2-2013, SEC.4. Amended by P.L.198-2016, SEC.67.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.6. Unobstructed View at Crossings › 8-6-7.6-3. Unobstructed Views at Grade Crossings

Sec. 3. (a) A railroad shall provide and maintain within the railroad's right-of-way an unobstructed view in each quadrant of a public rail-highway grade crossing that is under the control of the railroad to the following specifications:
(1) From the centerline of the highway, street, or road:
(A) forty-two (42) inches above the highway, street, or road; and
(B) twenty (20) feet from the field side of the nearest rail or, if the railroad's right-of-way is less than twenty (20) feet from the field side of the nearest rail, to the limit of the railroad's right-of-way.
(2) From the centerline of the track:
(A) forty-two (42) inches above the track; and
(B) to the appropriate distance determined under section 4 of this chapter.
If the public rail-highway grade crossing includes multiple tracks, the measurements are taken at a ninety (90) degree angle from the top of the field side of the rail nearest the highway, street, or road.
(b) This chapter does not require a railroad to enter onto property not owned by the railroad to meet the requirements under this chapter.
(c) This section replaces any common law duties imposed on a railroad with respect to sight distances, including methods to verify sight distances.
As added by P.L.198-2016, SEC.68.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.6. Unobstructed View at Crossings › 8-6-7.6-4. Unobstructed Views at Other Crossings

Sec. 4. (a) A railroad shall provide and maintain within the railroad's right-of-way an unobstructed view in each quadrant of a public rail-highway crossing that is under the control of the railroad as follows:
(1) If the crossing is equipped with a passive warning device, as follows:
(A) For tracks with a maximum authorized speed limit of not more than thirty (30) miles per hour, an unobstructed view of three hundred fifty (350) feet.
(B) For tracks with a maximum authorized speed limit of more than thirty (30) miles per hour and not more than sixty (60) miles per hour, an unobstructed view of six hundred fifty (650) feet.
(C) For tracks with a maximum authorized speed limit of more than sixty (60) miles per hour, an unobstructed view of nine hundred (900) feet.
If the crossing includes multiple tracks with different maximum authorized speed limits, the track with the highest authorized maximum speed limit shall be used to determine the unobstructed view under this subdivision.
(2) If the crossing is equipped with a train-activated warning device, two hundred fifty (250) feet.
(b) If a railroad is unable to provide or maintain an unobstructed view under subsection (a) due to a variance in terrain, elevation, track curvature, rolling stock, or permanent improvements at or near the public rail-highway grade crossing, the railroad shall provide and maintain an unobstructed view in each quadrant of the public rail-highway grade crossing to the furthest achievable unobstructed view.
As added by P.L.198-2016, SEC.69.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-1. "Grade Crossing"

Sec. 1. The term "grade crossing" as used in this chapter means a crossing of any railroad and any public highway, street or roadway, at grade.
Formerly: Acts 1973, P.L.66, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-1.1. "Person"

Sec. 1.1. As used in this chapter, "person" means an individual, a firm, a limited liability company, a corporation, an association, a fiduciary, or a governmental entity.
As added by P.L.198-2016, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-2. Automatic Train-Activated Warning Signal

Sec. 2. The Indiana department of transportation, in authorizing the construction of any new grade crossing under IC 8-6-1-7 and section 3.4 of this chapter, may order the installation of automatic train-activated warning signals at the crossing. The department may order the installation, replacement, relocation, modernization, or improvement of automatic train-activated warning signals at any grade crossing in the state in existence at the time the department issues such an order. The authority of the department to require the installation of the signals is exclusive and supersedes the power of any other state or local governmental agency.
Formerly: Acts 1973, P.L.66, SEC.1. As amended by P.L.384-1987(ss), SEC.65; P.L.18-1990, SEC.75; P.L.81-1996, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-3. Closing or Abolishing Grade Crossing

Sec. 3. The Indiana department of transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, any grade crossing then in existence at the time the department assumes jurisdiction of the matter:
(1) upon a finding that the enhancement of public safety resulting from the closing will outweigh any inconvenience caused by increased circuitry of highway routes; or
(2) based upon criteria specified in rules adopted by the department under section 3.1 of this chapter.
The order by the department may be issued either in connection with, or independent of, an order relating to automatic train-activated warning signals. The authority of the department to legally close and abolish grade crossings is in addition to any authority by law granted to other state agencies or to local units of government to close and abolish grade crossings. Upon the issuance of an order by the department, the railroad or railroads involved shall physically remove the crossing from the tracks, and the governmental unit maintaining the highway shall remove or barricade the approaches to the crossing.
Formerly: Acts 1973, P.L.66, SEC.1. As amended by P.L.384-1987(ss), SEC.66; P.L.18-1990, SEC.76; P.L.81-1996, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-3.1. Duty of Department to Specify Criteria; Considerations in Applying Criteria

Sec. 3.1. (a) The Indiana department of transportation shall adopt rules under IC 4-22-2 specifying criteria for:
(1) the department to use in determining whether to open a new public railroad grade crossing; and
(2) the department or a unit (as defined in IC 36-1-2-23) to use in determining whether to abolish a public railroad grade crossing.
(b) In applying criteria required by subsection (a) to determine whether to open a new public railroad grade crossing, deny a public grade crossing closure, or abolish a public railroad grade crossing, the department or unit shall consider the following:
(1) Timetable speed of passenger trains operated through the crossing.
(2) Distance to an alternate crossing.
(3) Accident history of the crossing for the five (5) years preceding the department's or the unit's consideration.
(4) Amount of vehicular traffic and posted speed limits for the crossing.
(5) Amount of freight trains and their timetable speeds operated through the crossing.
(6) Type of warning device present at the crossing, if any.
(7) Alignment of the roadway and the railroad, and the angle of the intersection of an alignment at the crossing.
(8) Use of the crossing by:
(A) trucks carrying hazardous materials;
(B) vehicles carrying passengers for hire;
(C) school buses; and
(D) emergency vehicles.
(9) Other appropriate criteria as determined by the department.
As added by P.L.81-1996, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-3.2. Petition for Closure; Public Hearing; Determination and Findings by Unit

Sec. 3.2. (a) A person may petition a unit (as defined in IC 36-1-2-23) under whose jurisdiction a public railroad crossing lies for the closure of a public railroad crossing. The unit shall conduct a public hearing on the petition not more than sixty (60) days after the date on which the unit receives the petition.
(b) Except as provided in subsection (c), if the unit determines that the crossing meets the criteria adopted by the Indiana department of transportation under section 3.1 of this chapter for closing a crossing, the unit shall approve the petition described in subsection (a) and issue an order to close the crossing. The unit shall provide a copy of the unit's findings to the Indiana department of transportation.
(c) If the unit determines that:
(1) the crossing meets the criteria for closure adopted by the Indiana department of transportation under section 3.1 of this chapter; and
(2) a compelling reason has been shown to exist for the crossing to remain open;
the unit may deny a petition to close the crossing. The unit shall provide a copy of the unit's findings to the Indiana department of transportation.
(d) If the unit determines that the crossing does not meet the criteria for closure adopted by the Indiana department of transportation and section 3.1 of this chapter, the unit may deny a petition to close the crossing.
(e) Notwithstanding subsections (a) through (d), a unit and a railroad may agree to close a crossing within the jurisdiction of the unit.
As added by P.L.81-1996, SEC.7. Amended by P.L.198-2016, SEC.71.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-3.3. Appeal

Sec. 3.3. If a unit denies a petition to close a crossing under section 3.2 of this chapter, the Indiana department of transportation shall schedule an appeal on the denial of the petition as set forth in IC 4-21.5 within sixty (60) days after the petition is denied.
As added by P.L.81-1996, SEC.8. Amended by P.L.198-2016, SEC.72; P.L.165-2018, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-3.4. Order Approving Petition to Open Crossing

Sec. 3.4. If the Indiana department of transportation, upon receiving a petition to open a crossing, finds:
(1) that the proposed crossing meets the criteria required to open a new grade crossing adopted by the department under section 3.1 of this chapter; or
(2) that a compelling reason has been shown for the crossing to exist;
the department shall issue an order approving the petition.
As added by P.L.81-1996, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-5. Orders and Procedures of Department; Federal Funds; Contracts for Work

Sec. 5. (a) Orders of the Indiana department of transportation relating to automatic train-activated warning signals and to the closing of grade crossings may be issued:
(1) on the department's own initiative;
(2) upon petition of a governing body or authorized official administering a public highway or street; or
(3) upon petition of a person or entity operating a railroad.
All procedures shall be prescribed by rules established by the department, which must give regard to the requirements of notice and opportunity to be heard.
(b) Whenever any grade crossing is under consideration by the department for the installation of automatic warning signals, the department shall, in cooperation with other governmental agencies of the state, determine if the installation of signals can be made with the use of federal aid funds. If funds are available, the department's order may provide for the use of the funds and for all necessary compliance with applicable federal statutes and regulations.
(c) The authority vested in the department to order the installation, replacement, relocation, modernization, or improvement of automatic warning signals and the closing of grade crossings does not preclude the signal work or closing being performed by contract between a railroad and the governmental agency controlling the public way. If a mutually agreed upon contract for action has been made, no petition to the department is required, and if a contract is agreed upon after the department has assumed jurisdiction, the department may dismiss the proceeding upon the motion of a party.
(d) For the purpose of expediting railroad grade crossing protection projects that require the obligation of local funds to supplement federal aid funds available for railroad grade crossing protection, the department may make loans or grants to local units from the railroad grade crossing fund created under section 6.1 of this chapter to provide the money necessary to supplement those federal aid funds. The loans or grants shall be made under terms and conditions established by the department under rules adopted under IC 4-22-2. A local unit may contract with a railroad concerning payment of the money necessary to supplement federal aid funds upon terms and conditions as they may agree.
Formerly: Acts 1973, P.L.66, SEC.1. As amended by P.L.97-1985, SEC.1; P.L.384-1987(ss), SEC.68; P.L.18-1990, SEC.78.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 7.7. Railroad Grade Crossings Fund › 8-6-7.7-6.1. Railroad Grade Crossing Fund

Sec. 6.1. (a) The railroad grade crossing fund is created.
(b) The railroad grade crossing fund may be used by the Indiana department of transportation for the following purposes:
(1) To carry out the provisions of this chapter.
(2) For passive railroad crossing safety improvement projects by a unit of government, including:
(i) illumination;
(ii) pavement markings;
(iii) median barriers;
(iv) signage; and
(v) other safety improvement measures.
(3) For passive railroad crossing safety projects submitted by railroad companies, including:
(i) illumination;
(ii) sight obstruction removal;
(iii) signage;
(iv) reflectorized taping; and
(v) other safety improvement measures.
(c) Notwithstanding subsection (b), an entity undertaking a passive railroad crossing safety project under this section shall pay the cost of acquiring any easements required by the passive railroad crossing safety project and shall be responsible for the maintenance and operation of the completed project.
(d) The balance of money in the railroad grade crossing fund does not revert to the state general fund at the close of any fiscal year but remains available to the Indiana department of transportation.
As added by Acts 1979, P.L.88, SEC.1. Amended by P.L.384-1987(ss), SEC.69; P.L.18-1990, SEC.79; P.L.82-1996, SEC.1; P.L.121-2001, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 12. Repair of Railroad Grade Crossings by Local Government › 8-6-12-1. Suit to Collect Municipal Expenses; Collection by Special Tax Duplicate

Sec. 1. (a) Each railroad company whose road or tracks lie in any public street, road, or alley in any city, town, or county shall properly grade, plank, gravel, or asphalt the road and tracks in accordance with the grade and surfacing material of the public street, road, or alley in such a manner as to afford security for life and property of persons and vehicles using the public streets, roads, or alleys.
(b) If a railroad company fails to comply with the provisions of this section, the city, town, or county in which the public street, road, or alley is located may, after thirty (30) days written notice to the superintendent or regional engineer of railroad company, do the work and either:
(1) recover the amount of the cost thereof from the railroad company by suit filed in any court of competent jurisdiction, in which case the city, town or county may collect reasonable attorney fees; or
(2) certify the amount owed to the county auditor who shall prepare a special tax duplicate to be collected and settled for by the county treasurer in the same manner and at the same time as property taxes are collected;
provided, that before the municipal corporation, city, town, or county shall undertake to do the work themselves they shall notify an agent of the railroad as to the time and place.
Formerly: Acts 1969, c.174, s.1. As amended by P.L.62-1984, SEC.103.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 12. Repair of Railroad Grade Crossings by Local Government › 8-6-12-2. Improvement Order; Repair of Street Occupied by Rails of Railroad or Street Railroad; Failure to Comply; Assessment of Costs; Collection

Sec. 2. The board of public works or board of public works and safety of a city or town legislative body may issue a written improvement order requiring that any railroad, interurban, or interurban street railroad undertake to repair or improve that portion of the street occupied by its track, including the space between the rails, the space between the tracks if there is more than one (1) track, and the space to the end of its ties in width on the outside of said rails. The written improvement order shall be given by the board or body to the railroad, interurban, or interurban street railroad company and must allow the railroad company thirty (30) days in which to commence the repairs or improvement. If the railroad company fails to commence the work within the thirty (30) day period, then the board or body may have the repairs or improvements made and shall assess the cost against the railroad company, to be collected in the same manner as assessments for other public improvements are collected. The board or body may certify the amount owed to the clerk of the circuit court, where the amount certified shall be entered by the clerk upon the judgment docket in the clerk's office, whereupon it has the same force as a judgment pronounced in the circuit court of the county and is subject to execution in the same manner as any other judgment for money.
[Pre-Local Government Recodification Citation: 19-8-16-10 part.]
As added by Acts 1981, P.L.11, SEC.49. Amended by P.L.8-1989, SEC.51.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 14. Farm Crossings of Railroad Tracks › 8-6-14-1. Authority for Establishment; Plans and Specifications

Sec. 1. Owners of tracts of land separated by the right of way of a railway company, or owner of a tract or tracts of land separated by the right of way of a railway company from a public highway or road, lying and situated immediately contiguous to and adjoining said right of way, may, if such right of way has been or shall hereafter be acquired by condemnation and appropriation, or by purchase or donation, construct and maintain wagon and driveways over and across such right of way leading from one of such tracts to another on the opposite side of such right of way, or leading from such tract or tracts of land on one (1) side to the highway on the other side of the right of way, at any point most convenient to such owner. For this purpose, such owner may enter upon such right of way and construct such embankment, or make such excavation, on one (1) or both sides of the track of such railway as may be necessary to establish easy grades from one (1) tract of land to the opposite tract or highway, and may spike planks on the ties of such railway on the line of such way for the space of the width of such way, of such thickness as not to be elevated above the top of the rails of such railway, and may also bridge the gutters at the sides of such railway track in such manner as not to obstruct the flow of water therein: Provided, The railroad company shall make the crossing.
Formerly: Acts 1885(ss), c.44, s.1; Acts 1899, c.212, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 14. Farm Crossings of Railroad Tracks › 8-6-14-2. Fences; Gates

Sec. 2. When such railroad is fenced on one (1) or both sides at the point where such way is constructed, such owner shall erect and maintain substantial gates in the line of such fence or fences across such way, and keep the same securely locked when not in use by himself or employees.
Formerly: Acts 1885(ss), c.44, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 14. Farm Crossings of Railroad Tracks › 8-6-14-3. Killing or Injuring Livestock

Sec. 3. If animals are killed or injured on the track of such railroad by the cars or locomotives thereof, the company owning or operating such railroad, shall not be liable to pay damages therefor if such animal entered upon the track of such railroad through such gates, unless it shall be proved that such killing or injury was caused by the negligence of the servants of the company owning or operating such railroad.
Formerly: Acts 1885(ss), c.44, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 15. Abandoned and Unused Crossings › 8-6-15-1. Requests to Determine Abandoned or Unused Crossings

Sec. 1. The department shall determine whether a railroad grade crossing is abandoned or unused after receiving a request for the determination from:
(1) the railroad; or
(2) the state highway district or local road authority that has jurisdiction over the roadway.
As added by P.L.87-2003, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 15. Abandoned and Unused Crossings › 8-6-15-2. Designation of Abandoned or Unused Crossings

Sec. 2. The department shall designate an abandoned or unused railroad grade crossing as abandoned or unused.
As added by P.L.87-2003, SEC.1. Amended by P.L.97-2004, SEC.35.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 15. Abandoned and Unused Crossings › 8-6-15-3. Marking of Designated Crossings

Sec. 3. An abandoned or unused railroad grade crossing designated under section 2 of this chapter must be marked with signs reading "tracks out of service". The signs must:
(1) be posted and maintained by the department or the local road authority having jurisdiction over the roadway; and
(2) be in conformance with the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways as adopted under IC 9-21-2-1.
As added by P.L.87-2003, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 15. Abandoned and Unused Crossings › 8-6-15-4. Notice of Intent to Resume Operations; Marking

Sec. 4. (a) The railroad shall provide the department and the local road authority having jurisdiction over a roadway with written notice at least thirty (30) days prior to resuming operation over an abandoned or unused railroad crossing. The notice must include a request that the signs posted under section 3 of this chapter be removed from the crossing.
(b) After removal of the signs under subsection (a), the railroad shall mark the railroad grade crossing for six (6) months with signs reading "train traffic resumed -- tracks in service".
As added by P.L.87-2003, SEC.1.