§ 36-9-36-20 — Improvements on streets occupied by railroad tracks; procedure

Indiana § 36-9-36-20

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 36: Barrett Law Funding for Counties and Municipalities

Text

(a) This section does not apply to a county.
(b) If the track of a railroad, an interurban, or an interurban street
railroad occupies part of a street that is ordered improved under this
chapter, the works board may, on petition of the railroad, provide in the
plans and specifications for the improvement for a different material
and plan of construction for the part of the street occupied by the
railroad.
(c) If the railroad is bound by contract to improve or pay the cost of
improving the part of the street occupied by the railroad, the railroad
is entitled to construct all of that part of the improvement if the railroad
does the following:
(1) Elects to do so by written notice filed as follows:
(A) With the works board or other department of the unit
having power to order the improvement.
(B) At any time before the adoption of the final resolution or
ordinance providing for the improvement.
(2) On request of the works board or other department of the unit,
files with the board or other department a bond in the amount and
with the surety required by the works board or other department.
The bond must be conditioned on the railroad's improvement of
that part of the street:
(A) according to the plans and specifications;
(B) within the required time; and
(C) to the satisfaction of the engineer of the unit in charge of
the work.
(d) The works board may issue a written improvement order
requiring a railroad, an interurban, or an interurban street railroad to
comply with IC 8-6-12.

Legislative History

As added by P.L.98-1993, SEC.7.