Indiana § 8-6-1-4 Hearings on location and construction; orders

Indiana Statutes

§ 8-6-1-4 — Hearings on location and construction; orders

Indiana § 8-6-1-4

Art. 6RAILROAD CROSSINGS

Ch. 1Highway Crossings

This text of Indiana § 8-6-1-4 (Hearings on location and construction; orders) 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 § 8-6-1-4 (2026).

Text

Whenever the department shall come to the
conclusion, whether on account of the topography of the ground at the
crossings, or on account of the great number of travelers using any
crossing of a highway and railroad, or for any reason deemed by the
department to be sufficient, that the grades of such crossing should be
separated, and it shall be found practicable to do so, the department
shall serve with notice the railroad company or companies, and also
serve with notice the board of commissioners of the county or counties
in which such highway crossing is located. Said notice shall set out that
the department, on the day named, will consider the matter of
separation of the grades at such crossing and the department shall have
jurisdiction of the parties and the subject matter in said proc

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Whenever the department shall come to the
conclusion, whether on account of the topography of the ground at the
crossings, or on account of the great number of travelers using any
crossing of a highway and railroad, or for any reason deemed by the
department to be sufficient, that the grades of such crossing should be
separated, and it shall be found practicable to do so, the department
shall serve with notice the railroad company or companies, and also
serve with notice the board of commissioners of the county or counties
in which such highway crossing is located. Said notice shall set out that
the department, on the day named, will consider the matter of
separation of the grades at such crossing and the department shall have
jurisdiction of the parties and the subject matter in said proceedings
and shall hear and determine the matter. If satisfied that said crossing
is dangerous to life and that safety and the accommodation of the
public requires that the grades be separated, and that it is practicable
to separate said grades, the department may so order. The department
shall, in said order, prescribe the manner in which such separation shall
be accomplished. The cost of such separation shall be borne one-fourth
(1/4) by the county and counties in which such grade is separated and
three-fourths (3/4) by the railroad company or companies, and
whenever the department may order any such grades separated, it may,
if it shall deem it best, relocate or consolidate highway crossings over
railroads, street railroads, interurban street railroads, or suburban street
railroads in this state, and may relocate or consolidate highways
leading to any such crossing. If any of the parties to such proceeding
fail or refuse to obey the orders of the department, the department may
proceed, in any circuit or superior court of any one (1) of the counties
in which said highway crossing may be located, to enforce its orders.
The provisions of this section shall not apply to cities of over twenty
thousand (20,000) population.
Formerly: Acts 1913, c.182, s.4; Acts 1915, c.75, s.1. As
amended by P.L.62-1984, SEC.94; P.L.384-1987(ss), SEC.59;
P.L.81-1996, SEC.1.