§ 8-3-2-15 — Temporary and emergency rates, routes, and regulations; receivership

Indiana § 8-3-2-15

• Jurisdiction: Indiana
• Art. 3: RAILROADS GENERALLY
• Ch. 2: Operation of Freight Railroads

Text

If a carrier fails to provide the equipment,
motive power, and other facilities necessary to properly receive and
care for the business on their lines, as required by this chapter, or fails
to perform the duties enjoined upon it by this chapter, and because of
the failure considerable traffic on its line is refused or not promptly
moved as required by this chapter, resulting in material injury to the
citizens of a community in Indiana, or the industries or commerce of
Indiana, then the Indiana department of transportation, after five (5)
days notice to the carrier interested and a hearing, shall adopt
temporary emergency rates, establish temporary emergency routes of
shipment, and adopt rules under IC 4-22-2 concerning the movement
of traffic as are necessary to correct the existing conditions and may
issue orders suspending certain traffic in favor of other traffics for the
purpose of preventing existing or threatened public calamity or distress.
The carrier shall promptly comply with all orders of the department,
and, upon its failure so to do, the department shall apply to a court of
competent jurisdiction for the appointment of an operating receiver to
enforce the orders and rules adopted by the department and may also
apply to a court for the appointment of a receiver for a carrier to
enforce a provision or requirement of this chapter which the offending
carrier has failed to observe. In the proceeding, the court may operate
a carrier through its receiver, enforce orders made by the department
concerning the carrier as approved by the court, and continue so to do
so long as is necessary. The court may order its receiver to purchase the
equipment and motive power, and supply other appliances and facilities
as may be necessary to properly transact the carrier's present and
prospective business in Indiana as required by this chapter. The court
may authorize its receiver to issue and sell receiver's certificates for the
purpose of obtaining funds for the uses specified in this chapter or to
issue certificates of indebtedness to pay for expenditures authorized by
this chapter. The court may declare certificates authorized under this
chapter to be the first and prior lien upon the property and income of
the carrier in the manner and upon the terms as the court shall decree.
Formerly: Acts 1907, c.231, s.15. As amended by P.L.62-1984,
SEC.25; P.L.384-1987(ss), SEC.40; P.L.18-1990, SEC.48;
P.L.93-2024, SEC.79.