Indiana § 8-4.5-4-4 Factors to be considered

Indiana Statutes

§ 8-4.5-4-4 — Factors to be considered

Indiana § 8-4.5-4-4

Art. 4.5TRANSPORTATION CORRIDOR PLANNING

Ch. 4Acquisition of Abandoned Rights-of-Way by the State

This text of Indiana § 8-4.5-4-4 (Factors to be considered) 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 § 8-4.5-4-4 (2026).

Text

In determining whether the state should acquire any part of a railroad's interest in a corridor, the Indiana department of transportation shall consider the following factors:

(1)The potential for future use of the railroad's interest in the corridor as a freight or high-speed passenger rail line, considering the following:

(A)The potential need for use of the railroad's interest in the corridor for future transportation purposes.

(B)The cost of maintaining the railroad's interest in the corridor during any time before the future transportation use will begin.

(C)The effect of any interim use and the future transportation use of the railroad's interest in the corridor on property owners.

(D)Any relevant requirement of any federal law.

(E)Any other factor the department considers rele

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In determining whether the state should acquire
any part of a railroad's interest in a corridor, the Indiana department of
transportation shall consider the following factors:
(1) The potential for future use of the railroad's interest in the
corridor as a freight or high-speed passenger rail line, considering
the following:
(A) The potential need for use of the railroad's interest in the
corridor for future transportation purposes.
(B) The cost of maintaining the railroad's interest in the corridor
during any time before the future transportation use will begin.
(C) The effect of any interim use and the future transportation
use of the railroad's interest in the corridor on property owners.
(D) Any relevant requirement of any federal law.
(E) Any other factor the department considers relevant.
(2) Based on the recommendation of the department of natural
resources, the potential for recreational use of the railroad's
interest in the corridor considering the following:
(A) The recreational value of the railroad's interest in the
corridor.
(B) The feasibility of using the railroad's interest in the corridor
for recreation.
(C) The likelihood that there may be significant recreational use
of the railroad's interest in the corridor if the railroad's interest
in the corridor is converted to a trail.
(D) The general acceptability of the proposed recreational use
of the railroad's interest in the corridor to property owners and
the community at large.
(E) The existence of a willing person, whether public or private,
to operate the railroad's interest in the corridor for the proposed
recreational use.
(F) Any relevant requirement of any federal law.
(G) Any other factor the department considers relevant.
(3) The potential for the use of the railroad's interest in the
corridor for communications or utility use.
(4) Whether there are funds to acquire the railroad's interest in the
corridor.