§ 32-23-11-6 — Abandoned right-of-way

(a) Except as provided in subsection (b) and
in sections 7 and 8 of this chapter, a right-of-way is considered
abandoned if any of subdivisions (1) through (3) apply:
(1) Before February 28, 1920, both of the following occurred:
(A) The railroad discontinued use of the right-of-way for
railroad purposes.
(B) The rails, switches, ties, and other facilities were removed
from the right-of-way.
(2) After February 27, 1920, both of the following occur:
(A) The Interstate Commerce Commission or the United States
Surface Transportation Board issues a certificate of public
convenience and necessity relieving the railroad of the
railroad's common carrier obligation on the right-of-way.
(B) The earlier of the following occurs:
(i) Rails, switches, ties, and other facilities are removed from
the right-of-way, making the right-of-way unusable for
continued rail traffic.
(ii) At least ten (10) years have passed from the date on
which the Interstate Commerce Commission or the United
States Surface Transportation Board issued a certificate of
public convenience and necessity relieving the railroad of its
common carrier obligation on the right-of-way.
(3) The right-of-way was abandoned under the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
(b) A right-of-way is not considered abandoned if:
(1) rail service continues on the right-of-way; or
(2) the railroad has entered into an agreement preserving rail
service on the right-of-way.
[Pre-2002 Recodification Citation: 32-5-12-6.]

Legislative History

As added by P.L.2-2002, SEC.8.