Indiana § 8-4-33-2 Failure of railroad to construct; construction by abutting landowner;
compelling payment by railroad

Indiana Statutes

§ 8-4-33-2 — Failure of railroad to construct; construction by abutting landowner; compelling payment by railroad

Indiana § 8-4-33-2

Art. 4ORGANIZATION AND OPERATION OF

Ch. 33Fencing Railroads

This text of Indiana § 8-4-33-2 (Failure of railroad to construct; construction by abutting landowner; compelling payment by railroad) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-4-33-2 (2026).

Text

If such railroad corporation, lessee, assignee,
receiver or other person or corporation aforesaid neglect or refuse to
construct such fence, barriers or cattle-guards as provided in the
preceding section, the owner of any lands abutting on the land or right
of way of said railroad shall have the right (after giving thirty (30) days'
notice in writing of his intention so to do, to be served upon the nearest
freight receiving and shipping agent employed by the company or
person controlling and operating said railroad), to enter upon the land,
right of way and track of said railroad, and may build, erect and
construct such fences, barriers and cattle-guards as therein provided
for, so far as the lands of such landowner abuts on the land and right of
way of such railroad, and when he has compl

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If such railroad corporation, lessee, assignee,
receiver or other person or corporation aforesaid neglect or refuse to
construct such fence, barriers or cattle-guards as provided in the
preceding section, the owner of any lands abutting on the land or right
of way of said railroad shall have the right (after giving thirty (30) days'
notice in writing of his intention so to do, to be served upon the nearest
freight receiving and shipping agent employed by the company or
person controlling and operating said railroad), to enter upon the land,
right of way and track of said railroad, and may build, erect and
construct such fences, barriers and cattle-guards as therein provided
for, so far as the lands of such landowner abuts on the land and right of
way of such railroad, and when he has completed the same, he may
present for payment to the agent of such corporation or person
controlling and operating such road at the nearest shipping station to
the tract of land so fenced, an itemized statement, verified by the
affidavit of such person, or his agent, of the expenses thereof, including
material and labor, and if such corporation or person so operating said
road neglects or refuses for sixty (60) days to pay said account, such
landowner may recover, in any court of competent jurisdiction, the
reasonable value of such fence, barrier and cattle-guards from said
corporation or person operating the same, together with reasonable
attorney's fees: Provided, however, If such railroad corporation or other
person operating the same, so liable for the value of such fence,
cattle-guards and barriers, shall, within said sixty (60) days, make a
tender of a sum of money to such person in satisfaction of such claim
or liability against such corporation or person, and such person to
whom such tender is made shall refuse to accept the same in
satisfaction of such claim, and shall sue for the recovery of the value
of such fence, barriers and cattle-guards, and shall not recover more
than the amount so tendered, he shall not in such action recover
attorney's fees.
Formerly: Acts 1885(ss), c.91, s.2.