§ 8-3-1-21.2 — Restoration; apportionment of costs

Indiana § 8-3-1-21.2

• Jurisdiction: Indiana
• Art. 3: RAILROADS GENERALLY
• Ch. 1: Railroad Regulation─Department of Transportation

Text

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.