§ 8-6-1-7 — Relocation or consolidation of crossings; hearing on establishment or extension of highway at grade over railroad; construction of new railroad

(a) Whenever the department finds it best to
relocate or to consolidate highway crossings over railroads in this state,
it has jurisdiction for that purpose, and may serve the board of county
commissioners and the railroad companies with notice, and shall
proceed to hear and determine said matters, and thereupon make such
orders as, in the opinion of the department, are necessary to make the
said relocation or consolidation effective. Such orders shall be binding
upon the parties so served with the notice, and if not observed by them
within the time prescribed in said orders, the department shall proceed
as provided in section 4 of this chapter to enforce such orders.
(b) Whenever it shall be desired to establish or extend a highway at
grade over any railroad in this state, it shall be necessary, before
establishing or extending the highway, that the petitioners shall, by a
procedure to be prescribed by the department, petition to obtain the
authority of the department under IC 8-6-7.7-3.4. The grant or refusal
of authority therefor by the department shall be final and conclusive
except as provided in this chapter.
(c) Whenever it shall be desired by any railroad company to
construct a new railroad at grade over any public highway or highways
in this state, it shall be necessary for a company, by a procedure to be
prescribed by the department, to petition to obtain the authority of the
department under IC 8-6-7.7-3.4, but it shall not be necessary to obtain
such authority when such new railroad has secured its rights of way or
is under construction. The grant or refusal of such authority shall be
final and conclusive, except as provided in this chapter. Nothing herein
shall prevent the department from subsequently altering or rescinding
any grant or refusal of authority to construct such highway or railway,
if, in its discretion, such alteration should be made.
Formerly: Acts 1913, c.182, s.7. As amended by P.L.62-1984,
SEC.97; P.L.384-1987(ss), SEC.61; P.L.81-1996, SEC.2.