reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 27. Disposition of Foreclosed Foreign Railroad Property › 8-4-27-2. Acquiring Corporation; Certificate of Articles of Incorporation; Filing; Powers and Duties

Sec. 2. In case the whole or any part of any railroad situate within this state (a part of which is situate in another state) shall become vested in a corporation of such other state, and such corporation shall also acquire a part of such railroad situate in such other state, the said corporation may exercise and enjoy, within this state, for the purposes of such railroad and its business, all the powers, rights, privileges, immunities, and franchises of a railroad corporation organized under the statutes of this state; provided, that such corporation shall have filed, in the office of the secretary of state of this state, a copy of its certificate of articles of incorporation, certified by the secretary of state of such other state; and provided, further, that the corporation which acquires any such railroad shall hold and operate the part thereof so acquired in this state, and shall exercise the powers, rights, privileges, immunities, and franchises hereby conferred, subject to all the rights, powers, privileges, duties, and obligations prescribed by the general laws of this state, for the regulation, government, taxation, or control of railroad companies organized under the laws of this state; and provided, further, that this chapter shall not be construed as authorizing any railroad company to purchase any parallel and competing line of railroad in this state.
Formerly: Acts 1921, c.11, s.2. As amended by P.L.62-1984, SEC.82.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 29. Awards Against Railroad Carriers › 8-4-29-1. Complaint or Petition; Order of Department

Sec. 1. If, after hearing on a complaint or petition filed with the Indiana department of transportation, the department determines that a party complainant is entitled to an award of damages for the violation of the laws of this state prescribing the duties and powers of the department, the department shall make an order directing the carrier to pay to the complainant the sum to which the complainant is entitled, on or before a day named, and stating the sum. No order shall be made if the carrier has made reparation to the complainant for the injury alleged to have been done. In connection with damages or reparation sought for the assessment and collection by a railroad of unreasonable or otherwise improper charges for the transportation of property within Indiana, if the facts material to the question are set forth in written verified statements by the parties involved and the facts are not in controversy, the department, after investigation and in its discretion, may waive hearing and dispose of the case by order, as provided in this chapter.
Formerly: Acts 1913, c.273, s.1; Acts 1955, c.176, s.1. As amended by P.L.384-1987(ss), SEC.50; P.L.18-1990, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 29. Awards Against Railroad Carriers › 8-4-29-2. Action Against Carrier

Sec. 2. If a carrier does not comply with an order for the payment of money within the time limit in an order, the complainant (or a person for whose benefit the order was made) may file, in the circuit or superior court of a county into or through which the road of the carrier runs, a complaint setting forth briefly the causes for which the complainant claims damages and the order of the Indiana department of transportation in the premises. Such suit shall proceed in all respects like other civil suits for damages, except that, on the trial of the suit, the findings and order of the department shall be prima facie evidence of the facts therein stated, and the complainant, if the complainant prevails, shall be allowed a reasonable attorney's fee, collected as a part of the cost of the suit. No proof of the findings and order of the department shall be required unless the allegations in the complaint concerning the same are specially denied by a pleading under oath.
Formerly: Acts 1913, c.273, s.2. As amended by P.L.384-1987(ss), SEC.51; P.L.18-1990, SEC.59.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 29. Awards Against Railroad Carriers › 8-4-29-3. Limitation of Actions

Sec. 3. All complaints for the recovery of damages shall be filed with the Indiana department of transportation within two (2) years from the time the cause of action accrues. A complaint for the enforcement of an order for the payment of money shall be filed in court within one (1) year from the date of the order.
Formerly: Acts 1913, c.273, s.3. As amended by P.L.384-1987(ss), SEC.52; P.L.18-1990, SEC.60.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 29. Awards Against Railroad Carriers › 8-4-29-4. Joinder of Parties; Service of Process

Sec. 4. (a) In suits filed under this chapter, all parties in whose favor the Indiana department of transportation may have made an award for damages by a single order may be joined as plaintiffs, and all the carriers that are parties to the order awarding damages may be joined as defendants. The suit may be maintained by joint plaintiffs against joint defendants in a county where one (1) of the joint plaintiffs could maintain a suit against one (1) of the joint defendants. Service of process against one (1) of the joint defendants as may not be found in the county where the suit is brought may be made in any other county of the state as provided by law.
(b) In case of a joint suit, the recovery, if any, may be by judgment in favor of one (1) or more of the plaintiffs against one (1) or more of the defendants found to be liable to the plaintiff or plaintiffs.
Formerly: Acts 1913, c.273, s.4. As amended by P.L.384-1987(ss), SEC.53; P.L.18-1990, SEC.61.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 29. Awards Against Railroad Carriers › 8-4-29-5. Cumulative Effect of Chapter

Sec. 5. The provisions of this chapter are cumulative to all other rights and remedies of the parties and all other powers of the Indiana department of transportation.
Formerly: Acts 1913, c.273, s.5. As amended by P.L.62-1984, SEC.83; P.L.384-1987(ss), SEC.54; P.L.18-1990, SEC.62.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 31. Railroad's Liability for Fire Damage › 8-4-31-1. Insurance; Actions Against Railroads

Sec. 1. Each railroad corporation owning or operating a railroad in this state shall be responsible in damage to every person or corporations whose property may be injured or destroyed by fire communicated directly or indirectly by locomotive engines in use upon the railroad owned or operated by such railroad corporations, and each such railroad corporation shall have an insurable interest in the property upon the route of the railroad owned or operated by it, and may procure insurance thereon in its own behalf for its protection against such damages; Provided, In all actions instituted under this chapter, the burden of proving the defense of contributory negligence shall be upon the defendant; Such defense may be provided without special plea; Provided, That this chapter shall not be construed to prevent or affect in any wise fire clauses which may be inserted in contracts between railroad companies and other parties relative to the construction of and operation over private sidetracks; Provided further, That the liability imposed herein shall also include reimbursement to volunteer fire departments for fighting fires caused by any railroad corporation.
Formerly: Acts 1911, c.107, s.1; Acts 1972, P.L.62, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 31. Railroad's Liability for Fire Damage › 8-4-31-2. "Railroad Corporations" Defined

Sec. 2. The term "railroad corporations" contained in this chapter shall be deemed and taken to mean all corporations, companies, and individuals which on or after April 21, 1911, own or operate any railroad within this state.
Formerly: Acts 1911, c.107, s.2. As amended by P.L.62-1984, SEC.84.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 32. Railroad's Liability for Livestock › 8-4-32-1. Scope of Liability; Evidence as to Name of Railroad

Sec. 1. Any railroad corporation, lessee, assignee, receiver, and other person or corporation, running, controlling, or operating any railroad into or through this state, shall be liable, jointly or severally, for stock killed or injured by the locomotives, cars, or other carriages run on such road, in the name in which the road was run or operated at the time, to the extent and according to the provisions of this chapter; and the bills of lading usually issued at any railroad station in the county in which such stock was killed or injured shall be prima facie evidence as to the character or name in which said railroad was owned, held, controlled, or operated.
Formerly: Acts 1863, c.25, s.1; Acts 1877(ss), c.30, s.1. As amended by P.L.62-1984, SEC.85.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 32. Railroad's Liability for Livestock › 8-4-32-2. Complaints; Venue

Sec. 2. If an animal is killed or injured by the locomotives, cars, or other carriages used on any railroad in or running into or through Indiana, whether the railroad is run and controlled by the company, a lessee, an assignee, a receiver, or other person, an owner of the animal may file a complaint and prosecute a claim in the circuit court, superior court, or probate court of the county in which the animal was injured or killed.
Formerly: Acts 1863, c.25, s.2. As amended by P.L.1-1990, SEC.119; P.L.84-2016, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 32. Railroad's Liability for Livestock › 8-4-32-3. Summons; Service

Sec. 3. When the complaint is filed in the circuit court, superior court, or probate court under section 2 of this chapter, the clerk of the court shall issue a summons in the case as in other cases. The summons may be served by copy on any conductor on any train on the road passing into or through the county.
Formerly: Acts 1863, c.25, s.3. As amended by P.L.1-1990, SEC.120; P.L.84-2016, SEC.41.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 32. Railroad's Liability for Livestock › 8-4-32-4. Parties

Sec. 4. The action may, in all cases contemplated by this chapter, be brought against the railroad as defendants, whether the same is or was being run by the company, or by a lessee, assignee, receiver, or other person in the name of such company.
Formerly: Acts 1863, c.25, s.4. As amended by P.L.62-1984, SEC.86.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 32. Railroad's Liability for Livestock › 8-4-32-5. Judgment Upon Hearing; Order to Appear; Answer; Deposit in Court Pending Final Judgment

Sec. 5. (a) After the hearing of the cause under this chapter, the court or jury trying the cause shall give judgment for the plaintiff or plaintiffs for the value of the animal or animals killed or the injury done, without regard to the question whether the killing or injury was the result of willful misconduct, negligence, or unavoidable accident.
(b) If the cause is commenced in the county specified under section 2 of this chapter, the court shall, on motion of the plaintiff or plaintiffs, on the rendition of the judgment, or afterward, at any time, after notice is served on the railroad company defendant, order a writ to issue, directed to the sheriff of the proper county, for any agent, conductor, or employee of the railroad company or the lessee, a receiver, or an assignee of the company, named in the motion, to appear and answer upon oath as to:
(1) the amount of money in their hands, if any, belonging to the company or the assignee, lessee, or receiver; and
(2) the probable amount of money receivable by the agent, conductor, or employee belonging to the railroad company, lessee, assignee, or receivers.
(c) If an agent, a conductor, or an employee ordered to appear under subsection (b) answers that the agent, conductor, or employee has any money, or is in constant receipt of money as agent, conductor, or employee, the court shall order the agent, conductor, or employee to pay into the clerk's office of the court, at the times named by the court, the portions of the money held or received, not exceeding one-half (1/2) the amount held or received, as may be determined just by the court, until the judgment and costs are fully paid and satisfied.
Formerly: Acts 1863, c.25, s.5. As amended by P.L.1-1990, SEC.121.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 32. Railroad's Liability for Livestock › 8-4-32-6. Repealed

Formerly: Acts 1863, c.25, s.6. As amended by P.L.62-1984, SEC.87. Repealed by P.L.1-1990, SEC.122.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 32. Railroad's Liability for Livestock › 8-4-32-7. Applicability to Fenced Property

Sec. 7. This chapter shall not apply to any railroad securely fenced in, and such fence properly maintained by such company, lessee, assignee, receiver, or other person running the same.
Formerly: Acts 1863, c.25, s.7. As amended by P.L.62-1984, SEC.88.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 33. Fencing Railroads › 8-4-33-1. Time for Construction; Areas to Be Enclosed

Sec. 1. Any railroad corporation, lessee, or assignee or receiver, or other person or corporation, running, controlling, or operating, or that may after July 18, 1885, construct, build, run, control, or operate, any railroad into or through this state, shall, not later than July 18, 1886, and within twelve (12) months from the date of the construction and completion of any part of a line of road constructed after July 18, 1885, erect, build, construct, and thereafter maintain fences, which may be constructed of barbed wire, on both sides of such railroad throughout the entire length completed within the state of Indiana, sufficient and suitable to turn and prevent cattle, horses, mules, sheep, hogs, or other stock from getting on such road, except at the crossings of public roads and highways, and within such portions of cities and incorporated towns and villages as are on or after July 18, 1885, laid out and platted into lots and blocks, and shall also, in like manner and within the time herein before prescribed, construct, where the same has not already been done, and thereafter maintain, at all public road and highway crossings, existing on July 18, 1885, or established after July 18, 1885, barriers and cattle guards suitable and sufficient to prevent cattle, horses, sheep, hogs, and other stock from getting on such railroad; provided, however, when such fences and cattle guards are not made as herein provided, or when such fence or cattle guards are not kept in repair, such railroad corporation, or persons operating the same, shall be liable for all damages which may be done by the agents, employees, engineers, or cars of such corporation or person operating the same, to any such cattle, horses, sheep, hogs, or other stock thereon; provided, however, that such railroad corporation or other person operating the same shall not be required to fence such railroad track through unimproved and uninclosed lands, and the provisions of this chapter shall not apply to such parts and portions of any such railroad which runs through unimproved and uninclosed lands, but when such lands become improved and inclosed on three (3) sides, the same shall apply, and such railroad corporation or person operating the same shall be required to fence the same under the provisions of this chapter within six (6) months from the date of such inclosure.
Formerly: Acts 1885(ss), c.91, s.1. As amended by P.L.62-1984, SEC.89.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 33. Fencing Railroads › 8-4-33-2. Failure of Railroad to Construct; Construction by Abutting Landowner; Compelling Payment by Railroad

Sec. 2. If such railroad corporation, lessee, assignee, receiver or other person or corporation aforesaid neglect or refuse to construct such fence, barriers or cattle-guards as provided in the preceding section, the owner of any lands abutting on the land or right of way of said railroad shall have the right (after giving thirty (30) days' notice in writing of his intention so to do, to be served upon the nearest freight receiving and shipping agent employed by the company or person controlling and operating said railroad), to enter upon the land, right of way and track of said railroad, and may build, erect and construct such fences, barriers and cattle-guards as therein provided for, so far as the lands of such landowner abuts on the land and right of way of such railroad, and when he has completed the same, he may present for payment to the agent of such corporation or person controlling and operating such road at the nearest shipping station to the tract of land so fenced, an itemized statement, verified by the affidavit of such person, or his agent, of the expenses thereof, including material and labor, and if such corporation or person so operating said road neglects or refuses for sixty (60) days to pay said account, such landowner may recover, in any court of competent jurisdiction, the reasonable value of such fence, barrier and cattle-guards from said corporation or person operating the same, together with reasonable attorney's fees: Provided, however, If such railroad corporation or other person operating the same, so liable for the value of such fence, cattle-guards and barriers, shall, within said sixty (60) days, make a tender of a sum of money to such person in satisfaction of such claim or liability against such corporation or person, and such person to whom such tender is made shall refuse to accept the same in satisfaction of such claim, and shall sue for the recovery of the value of such fence, barriers and cattle-guards, and shall not recover more than the amount so tendered, he shall not in such action recover attorney's fees.
Formerly: Acts 1885(ss), c.91, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 33. Fencing Railroads › 8-4-33-3. Maintenance and Repair

Sec. 3. When such fence, barrier and cattle-guards are completed, such railroad corporation, lessee, assignee, receiver or other person or corporation operating and controlling the same shall keep the same in good repair and sufficient to answer the purposes for which constructed, and if any such corporation, lessee, assignee, receiver or other person or corporation shall permit any part of the fence, barrier or cattle-guards to get out of repair so that it will not turn cattle, horses, mules, sheep, hogs or other stock, the owner of the land abutting upon the land or right of way of such railroad may notify the agent, in writing, for receiving and shipping freight at the station nearest the tract of land so owned by such person, that a portion of the fence is out of repair, stating where the same is out of repair, and the probable cost of making such repair, and if such railroad corporation, lessee, assignee, receiver or other person or corporation shall fail, for thirty (30) days, to make or commence such repairs, such abutting landowner shall have the right to enter upon the land, right of way and railroad track, and make such repairs, and shall furnish a sworn itemized account of the cost of such repairs, including the material necessarily used and the labor, to the agent aforesaid, and if such bill is not paid within sixty (60) days from the time the same was so furnished to such agent, the said party so making such repairs may recover the reasonable value of such repairs so made from such railroad corporation, lessee, assignee, receiver, or other person or corporation so controlling and operating the same, together with reasonable attorney's fees: Provided, That in case the said railroad corporation or person operating the same, liable for such repairs, shall, within said sixty (60) days, tender to such person so making such repairs a sum of money in satisfaction of such repairs made by him, and such person shall refuse to accept the same, and shall sue for the recovery of the value of such repairs, and shall not recover more than was so tendered, he shall not recover attorney's fees in such suit.
Formerly: Acts 1885(ss), c.91, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 33. Fencing Railroads › 8-4-33-4. Liability for Stock Killed or Injured

Sec. 4. Nothing in this chapter contained shall in any manner affect or change the liability of railroad corporations, or of the assignees, lessees, or receivers of such corporations, for stock killed or injured upon their railroads; but such liability shall exist and be governed as if this chapter had never been enacted.
Formerly: Acts 1885(ss), c.91, s.4. As amended by P.L.62-1984, SEC.90.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4. Organization and Operation of Railroads › Chapter 33. Fencing Railroads › 8-4-33-5. Farm Crossings; Constructing Gates and Bars

Sec. 5. All gates and bars at farm crossings, shall, in the absence of a contract or agreement to the contrary, be constructed and maintained and kept closed by the owner of such farm crossing.
Formerly: Acts 1885(ss), c.91, s.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 1. Definitions › 8-4.5-1-9. "Governmental Entity"

Sec. 9. "Governmental entity" refers to any of the following:
(1) An agency or instrumentality of the state.
(2) A political subdivision.
(3) An agency or instrumentality of a political subdivision.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 1. Definitions › 8-4.5-1-14. "Property Owner"

Sec. 14. "Property owner" refers to a person that:
(1) owns property adjacent to a recreational trail; and
(2) is not a responsible party.
For purposes of this section, a person that satisfies both subdivisions (1) and (2) is a property owner even if the person owns any part of a fee simple interest in the corridor.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 1. Definitions › 8-4.5-1-16. "Recreational Trail"

Sec. 16. "Recreational trail" means a trail or path that:
(1) includes a corridor along any part of its length;
(2) is intended to be used for:
(A) bicycling;
(B) exercising;
(C) hiking;
(D) running;
(E) riding:
(i) in or on a vehicle of any kind, regardless of the means of propelling the vehicle; or
(ii) on any animal;
(F) walking; or
(G) any other recreational purpose; and
(3) is funded through the recreational trails program under IC 8-4.5-5.
However, the term does not include a highway, road, or street (as defined in IC 8-23-1-23).
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.2; P.L.164-2020, SEC.25.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 3. Transportation Corridor Use Master Plan › 8-4.5-3-1. Duties of Departments

Sec. 1. (a) The departments annually shall do the following:
(1) Prepare a list of existing rights-of-way that might be abandoned during the following year.
(2) Set priorities for potential future uses of rights-of-way consistent with the Indiana department of transportation's comprehensive transportation plan and the department of natural resources trail system plan.
(3) Contact each railroad owner that holds an interest in a corridor in Indiana to assess the status and any issues concerning corridors that may be abandoned.
(b) The Indiana department of transportation annually, in consultation with affected state and local agencies, shall prepare a list of corridors for preservation.
As added by P.L.40-1995, SEC.3. Amended by P.L.59-2005, SEC.1; P.L.133-2012, SEC.56.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 3. Transportation Corridor Use Master Plan › 8-4.5-3-3. Updated List of Priorities

Sec. 3. The departments annually shall update the list prepared under section 1(1) of this chapter and the priorities set under section 1(2) of this chapter based on the following:
(1) Annual system diagram map and supplemental information submitted to the state agencies identifying potential abandonment applications.
(2) Changes in local agency interest.
(3) Availability of funds.
(4) Possible future uses for rail, transit, highway, bicycle, pedestrian, utility, communication, or recreation corridors.
As added by P.L.40-1995, SEC.3. Amended by P.L.133-2012, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 3. Transportation Corridor Use Master Plan › 8-4.5-3-4. Petition Regarding Corridor Identified for Preservation

Sec. 4. The Indiana department of transportation shall file a petition with the United States Surface Transportation Board for public use conditions on a corridor that has been identified for preservation under this chapter.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.4; P.L.133-2012, SEC.59.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 3. Transportation Corridor Use Master Plan › 8-4.5-3-5. Petition Regarding Corridor Not Identified for Preservation

Sec. 5. The Indiana department of transportation, in cooperation with any of the following, may file a petition with the United States Surface Transportation Board for public use conditions on any corridor not described in section 4 of this chapter and for which a petition has been filed:
(1) The department of natural resources.
(2) Local government agencies.
(3) Statewide utility associations.
(4) Nonprofit special interest groups.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 3. Transportation Corridor Use Master Plan › 8-4.5-3-6. Reports

Sec. 6. The departments annually shall assemble a written report containing the following information:
(1) A description of the rights-of-way that have been abandoned during the previous year. This description is not required to include the legal description of any of the rights-of-way.
(2) Any property that has been purchased under the program.
(3) Sources of funds for the program.
(4) Other information that the departments consider relevant.
As added by P.L.40-1995, SEC.3. Amended by P.L.133-2012, SEC.60.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 3. Transportation Corridor Use Master Plan › 8-4.5-3-7. Transportation Corridor Fund

Sec. 7. (a) The transportation corridor fund is established to provide money for the purposes of this article. The fund shall be administered by the Indiana department of transportation.
(b) Expenses of administering the fund shall be paid from money in the fund. The fund consists of the following:
(1) All federal money received by the state that may be used for the purposes of this article and that is allocated by the Indiana department of transportation.
(2) Revenue derived from recreational trails under IC 8-4.5-6.
(3) Contributions made for the purposes of this article.
(4) Appropriations made by the general assembly.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest earned from these investments shall be credited to the fund.
(d) Except for money appropriated from the state general fund, money in the fund at the end of a state fiscal year does not revert to the state general fund. Unexpended appropriations from the state general fund revert to the state general fund at the end of a state fiscal year.
(e) Money in the fund is appropriated for the purposes of this article.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-1. Acquisition of Railroad's Interest

Sec. 1. The Indiana department of transportation shall determine whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6; P.L.59-2005, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-1.5. Assistance in Acquisition of Railroad's Interest

Sec. 1.5. The board shall advise and assist the Indiana department of transportation in matters concerning the acquisition of a railroad's interest in a corridor under this chapter.
As added by P.L.59-2005, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-2. Purposes of Acquisition

Sec. 2. The state may acquire any part of a railroad's interest in a corridor under this chapter for any of the following purposes:
(1) A present or future rail line.
(2) A transportation corridor.
(3) A communication corridor.
(4) A trail.
(5) A utility corridor.
(6) The preservation of a railroad corridor.
(7) Any combination of purposes described in subdivisions (1) through (6).
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.7; P.L.164-2020, SEC.26.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-3. County Meeting to Consider Acquisitions

Sec. 3. (a) The Indiana department of transportation shall hold at least one (1) public meeting in a county through which the corridor passes before determining whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. Notice of the meeting must be given in accordance with IC 5-14-1.5.
(b) In addition to the notice requirements of IC 5-14-1.5, the department shall give notice of a meeting under this section to the following:
(1) The county commissioners of each county through which the railroad's interest in the proposed abandoned corridor passes.
(2) The legislative body of each city or town:
(A) through which the railroad's interest in the corridor passes; or
(B) that is within one (1) mile of any part of the railroad's interest in the corridor.
(3) The railroad that proposes to abandon the railroad's interest in the corridor.
(4) The Indiana utility regulatory commission.
Notice must be given to the persons described in subdivisions (1) through (4) not later than the date notice is required to be published under IC 5-14-1.5.
(c) The department may hold additional meetings before making a determination under this chapter.
(d) The department shall hold a meeting under this section in each county through which the railroad's interest in the corridor passes.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.8; P.L.59-2005, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-4. Factors to Be Considered

Sec. 4. In determining whether the state should acquire any part of a railroad's interest in a corridor, the Indiana department of transportation shall consider the following factors:
(1) The potential for future use of the railroad's interest in the corridor as a freight or high-speed passenger rail line, considering the following:
(A) The potential need for use of the railroad's interest in the corridor for future transportation purposes.
(B) The cost of maintaining the railroad's interest in the corridor during any time before the future transportation use will begin.
(C) The effect of any interim use and the future transportation use of the railroad's interest in the corridor on property owners.
(D) Any relevant requirement of any federal law.
(E) Any other factor the department considers relevant.
(2) Based on the recommendation of the department of natural resources, the potential for recreational use of the railroad's interest in the corridor considering the following:
(A) The recreational value of the railroad's interest in the corridor.
(B) The feasibility of using the railroad's interest in the corridor for recreation.
(C) The likelihood that there may be significant recreational use of the railroad's interest in the corridor if the railroad's interest in the corridor is converted to a trail.
(D) The general acceptability of the proposed recreational use of the railroad's interest in the corridor to property owners and the community at large.
(E) The existence of a willing person, whether public or private, to operate the railroad's interest in the corridor for the proposed recreational use.
(F) Any relevant requirement of any federal law.
(G) Any other factor the department considers relevant.
(3) The potential for the use of the railroad's interest in the corridor for communications or utility use.
(4) Whether there are funds to acquire the railroad's interest in the corridor.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.9; P.L.164-2020, SEC.27.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-5. Repealed

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.10. Repealed by P.L.59-2005, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-6. Acquisition

Sec. 6. (a) If:
(1) a determination is made under this chapter to acquire the railroad's interest in the corridor; and
(2) money is available in the fund;
the state shall acquire the railroad's interest in the corridor under IC 4-20.5-3.
(b) An acquisition by the state under this chapter does not deprive a public utility of the use of all or part of the railroad's interest in the corridor, if, at the time of acquisition:
(1) the public utility is occupying and using all or part of the railroad's interest in that corridor for the location and operation of its facilities; or
(2) the public utility has acquired an interest for use of all or part of the railroad's interest in the corridor.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-7. Deposit of Revenues

Sec. 7. If the state acquires any interest in the corridor under this article, all revenues from a railroad's interest in a corridor acquired under this chapter, including payments derived from public utility or other easements, must be deposited in the fund.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 4. Acquisition of Abandoned Rights-of-Way by the State › 8-4.5-4-8. Acquisition for Recreational Purpose

Sec. 8. If a railroad's interest in a corridor is acquired under this chapter for a recreational purpose, the railroad's interest in the corridor may be developed and operated under IC 8-4.5-5.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.13; P.L.164-2020, SEC.28.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-1. Purpose and Administration

Sec. 1. (a) The recreational trails program is established.
(b) The purpose of the program is to provide funding and other support for the acquisition, construction, or improvement of recreational trails open for public use or trails that will be dedicated to public use upon completion.
(c) The department of natural resources shall administer the program.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-2. Grant Eligibility

Sec. 2. (a) The following are eligible to receive a grant under this chapter:
(1) A state agency.
(2) A political subdivision.
(3) A nonprofit organization.
(b) The following may not receive a grant under this chapter:
(1) A private trail project.
(2) A project for a private purpose.
(3) A private business.
(4) A developer.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-3. Duties of Applicant

Sec. 3. (a) An applicant shall complete and submit an application as prescribed by the department of natural resources.
(b) An applicant may submit more than one (1) application in a state fiscal year.
(c) Two (2) or more eligible applicants may submit a joint application. A joint application must designate a lead applicant to serve as the principal contact with the department of natural resources.
(d) The department of natural resources may not consider an application under this chapter until the department determines that the requirements for approval of a recreational trail under IC 8-4.5-6 have been satisfied.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-4. Application

Sec. 4. (a) An application must contain the following information:
(1) The information required by IC 8-4.5-6-3.
(2) The applicant's name, mailing address, and telephone number.
(3) The name, mailing address, and telephone number of an individual who will serve as liaison with the department of natural resources.
(4) A time schedule for the total trail project with the applicant's written assurance of project completion as scheduled.
(5) An adequate justification for the project based on the project eligibility criteria in section 5 of this chapter and the evaluation criteria in section 11 of this chapter.
(6) A written assurance from the applicant that the total trail used to justify the project will be adequately maintained and made available for the intended public use for at least twenty (20) years after completion of the project, except as approved by the board.
(7) The amount of the grant requested from the fund. The application may offer a matching fund contribution larger than is required.
(8) A certified copy of the following:
(A) If the entire project will be located within a municipality, an ordinance adopted by the legislative body of the municipality under IC 8-4.5-6-4 that includes a consent to approval of the grant application.
(B) If clause (A) does not apply, an ordinance adopted by the legislative body of each county in which any part of the project will be located under IC 8-4.5-6-4 that includes a consent to approval of the grant application.
(b) An application that is considered but not funded in a fiscal year may be resubmitted for consideration in the next fiscal year.
(c) An applicant may submit a request for a time schedule adjustment. A time schedule adjustment may be approved by the department of natural resources if the project involves unusually complex studies, extensive real estate negotiations, extensive analyses for environmental clearances, complex planning for associated developments, or other compelling reasons.
(d) An applicant may withdraw an application at any time.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-5. Eligibility Criteria

Sec. 5. A proposed project must meet all of the following eligibility criteria:
(1) The project must be part of a local, an areawide, a regional, or a statewide plan.
(2) The trail route must be designed in a reasonably safe manner and to allow enjoyment of scenic views or points of historical interest. The route may use:
(A) existing roads, streets, or parkways if the normal flow of motor vehicle traffic will not be hindered;
(B) abandoned railroad corridors;
(C) water corridors, such as river levees and canal tow-paths;
(D) utility corridors; or
(E) new rights-of-way, if necessary.
(3) The project must include a contribution of at least twenty percent (20%) matching funds. Matching funds must be from sources other than the program. Matching funds may not include other grants from state agencies or the provision of in kind services. The value of donated real property may be used to satisfy the matching fund requirement if both of the following apply:
(A) The real property is donated after the board's funding commitment.
(B) The value is based on a real estate appraisal acceptable to the department of natural resources. The appraisal is subject to review and approval by the department of natural resources after a funding commitment has been made.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-6. Permitted Costs

Sec. 6. The following costs may be paid from a grant made under this chapter:
(1) Real property acquisition costs, including appraisal costs and negotiation costs.
(2) Trail surfacing, resurfacing, rehabilitation, modernization, upgrading, and reconstruction, including pavement repairs and overlays and shoulder widening and stabilization.
(3) Initial trail construction, including grading, drainage, paving, and erosion control.
(4) Bridge and culvert repair, modernization, replacement, or initial construction.
(5) Roadway intersection and interchange improvements, including warranted traffic signals that are an integral part of the project.
(6) Construction or improvement of rest areas, information centers, waysides, permanent interpretive displays, lighting, and restrooms, including the costs of utility connections that are an integral part of the project.
(7) Design engineering and construction inspection costs directly associated with the project.
(8) Storm drainage and storm sewer costs to the extent needed for draining the trail.
(9) Utility relocation costs necessary for trail construction or improvement if the utility is not located on a public road.
(10) Trail signs, fencing, landscaping, parking areas, and walkways.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-7. Prohibited Costs

Sec. 7. The following costs may not be paid from a grant made under this chapter:
(1) Any cost incurred before approval by the board of funding for a project.
(2) Routine maintenance of a trail, bridge, culvert, fence, or sign.
(3) Winter maintenance of a trail or bridge, including snow plowing, sanding, or salting.
(4) Overhead and operating costs associated with a project, such as auditing, legal, and administrative costs.
(5) Expenses associated with the preparation and submission of a project application.
(6) Predesign engineering and planning expenses.
(7) Utility costs other than those described in section 6 of this chapter.
(8) Pavement markings, traffic signs, safety appurtenances, or lighting, except as an integral part of a trail project.
(9) Purchase of office furnishings or equipment, construction equipment, or personal property.
(10) Sanitary sewers or water mains, except as necessary for restroom construction.
(11) General government expenses and expenses associated with the provision of any public service that are not otherwise eligible for project funding.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-8. Waiver of Specified Costs

Sec. 8. (a) Notwithstanding section 7 of this chapter, the board may grant a waiver from section 7 of this chapter for specified costs.
(b) An applicant must make a written request for a waiver under this section.
(c) If the board grants a waiver, the applicant may make the specified expenditure. Approval of a waiver does not imply or guarantee that a subsequent application will be approved.
(d) Unless an applicant requests an advance waiver and the request is approved before an expenditure, any costs incurred before a waiver is granted may not be reimbursed from a grant under this chapter.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-9. Waiver for Acquisition of Real Property

Sec. 9. (a) Notwithstanding section 7(1) of this chapter, if there is extreme urgency involving real property acquisition, the board may grant an applicant's request for a waiver to acquire the real property immediately.
(b) A request for a waiver under subsection (a) must be in writing and include all of the following:
(1) Justification for the urgency of the acquisition.
(2) A description of the real property to be acquired.
(3) A county map showing the location of the real property to be acquired.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-10. Request for Preconstruction Costs

Sec. 10. (a) The board may grant an applicant's request for preconstruction project planning design and development costs.
(b) A request submitted under subsection (a) must be in writing.
(c) The board may not grant a request under subsection (a) if the total design and development expenditure exceeds fifteen percent (15%) of the total construction costs for the project.
(d) The board shall require adequate documentation of eligible costs before approving reimbursement under this section.
As added by P.L.40-1995, SEC.3.