§ 8-3-1.5-5 — Acquisition of rail or nonrail property

Indiana § 8-3-1.5-5

• Jurisdiction: Indiana
• Art. 3: RAILROADS GENERALLY
• Ch. 1.5: State Rail Preservation Law

Text

(a) The department, as sole agent for the State,
may acquire by purchase or condemnation or otherwise any portion or
portions of any rail properties. In addition, the department may acquire
any other non-rail property found by the department to be necessary for
the operation of a railroad.
(b) The authority to acquire rail properties extends to rail properties
both within and not within the jurisdiction of the Interstate Commerce
Commission. It also includes rail properties within the purview of the
Regional Rail Reorganization Act of 1973 and any other relevant
federal legislation.
(c) The acquisition of the rail properties, by the department is for the
purpose of the continued and future operation of a railroad deemed to
be in the public interest. The acquisition of the rail properties, and
other non-rail property, is declared to be a public purpose and to be
reasonably necessary. This action may be taken in concert with another
State or States as necessary to insure continued rail service in this
State.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980,
P.L.74, SEC.44.