§ 8-6-12-1 — Suit to collect municipal expenses; collection by special tax duplicate

Indiana § 8-6-12-1

• Jurisdiction: Indiana
• Art. 6: RAILROAD CROSSINGS
• Ch. 12: Repair of Railroad Grade Crossings by Local

Text

(a) Each railroad company whose road or tracks
lie in any public street, road, or alley in any city, town, or county shall
properly grade, plank, gravel, or asphalt the road and tracks in
accordance with the grade and surfacing material of the public street,
road, or alley in such a manner as to afford security for life and
property of persons and vehicles using the public streets, roads, or
alleys.
(b) If a railroad company fails to comply with the provisions of this
section, the city, town, or county in which the public street, road, or
alley is located may, after thirty (30) days written notice to the
superintendent or regional engineer of railroad company, do the work
and either:
(1) recover the amount of the cost thereof from the railroad
company by suit filed in any court of competent jurisdiction, in
which case the city, town or county may collect reasonable
attorney fees; or
(2) certify the amount owed to the county auditor who shall
prepare a special tax duplicate to be collected and settled for by
the county treasurer in the same manner and at the same time as
property taxes are collected;
provided, that before the municipal corporation, city, town, or county
shall undertake to do the work themselves they shall notify an agent of
the railroad as to the time and place.
Formerly: Acts 1969, c.174, s.1. As amended by P.L.62-1984,
SEC.103.