8-3-1-21.2. Restoration; apportionment of costs

IN Code § 8-3-1-21.2 (2019) (N/A)

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Sec. 21.2. (a) The department may order the apportionment of costs that result from the restoration, under section 21.1(b) of this chapter, of grade crossings with abandoned railroads among the railroads and the public agencies. After receiving a petition from a railroad or an affected public agency, the department shall:

(1) give notice of the pending action;

(2) provide an opportunity for the affected parties to be heard by the commission;

(3) apportion the costs among the railroad and the public agency according to section 21.1 of this chapter; and

(4) adopt rules under IC 4-22-2 to establish the respective responsibilities of railroads and public agencies performing restoration work on grade crossings with abandoned railroads.

(b) The department shall determine the reasonableness of the cost of the restoration charged to the railroad under section 21.1(c) of this chapter if the railroad petitions for that determination.

As added by Acts 1977, P.L.106, SEC.1. Amended by P.L.63-1984, SEC.2; P.L.17-1985, SEC.5; P.L.384-1987(ss), SEC.31.

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8-3-1-21.1. Abandonment of railroad right-of-way; notices; removal of crossing control devices; failure to comply; cost; recreational use

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