Indiana § 8-6-2.1-17 Agreements fixing cost of improvements borne by parties in interest

Indiana Statutes

§ 8-6-2.1-17 — Agreements fixing cost of improvements borne by parties in interest

Indiana § 8-6-2.1-17

Art. 6RAILROAD CROSSINGS

Ch. 2.1Railroad Grade Crossing Separations

This text of Indiana § 8-6-2.1-17 (Agreements fixing cost of improvements borne by parties in interest) 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 § 8-6-2.1-17 (2026).

Text

(a)The total cost of the improvement shall be borne by all of the parties in interest, in accordance with a written agreement or written agreements to be entered into by all the parties, fixing the portion of the total cost to be borne by each party subject, however, to the cost formula requirements set forth in section 4 of this chapter. The total cost shall be divided among and paid by the parties in accordance with the agreement or agreements. The portion of the total cost to be borne by the city does not constitute an indebtedness or obligation of the city in its corporate capacity, but shall be payable only out of special taxes and benefit assessments as provided by this chapter.

(b)The Indiana department of transportation, any city affected by this chapter, and the county in which

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(a) The total cost of the improvement shall
be borne by all of the parties in interest, in accordance with a written
agreement or written agreements to be entered into by all the parties,
fixing the portion of the total cost to be borne by each party subject,
however, to the cost formula requirements set forth in section 4 of this
chapter. The total cost shall be divided among and paid by the parties
in accordance with the agreement or agreements. The portion of the
total cost to be borne by the city does not constitute an indebtedness or
obligation of the city in its corporate capacity, but shall be payable only
out of special taxes and benefit assessments as provided by this
chapter.
(b) The Indiana department of transportation, any city affected by
this chapter, and the county in which the city is located may each
respectively enter into a written agreement or written agreements.
(c) The agreement or agreements shall be executed on behalf of the
Indiana department of transportation by the members of it and shall be
binding upon the Indiana department of transportation. The agreement
or agreements shall be executed on behalf of the city by the board and
shall be binding on the city. The agreement or agreements shall be
executed on behalf of the county by the board of county commissioners
and shall be binding on the county.
(d) To the extent that funds of any federal agency may be available
to the Indiana department of transportation for use in paying any
portion of the total cost which may be chargeable to or assumed by the
Indiana department of transportation, the Indiana department of
transportation may use the federal funds, if permitted by applicable
federal laws, for the payment of the cost or any portion of it, or for the
payment of all or any portion of either the city's or county's share of the
cost; or the Indiana department of transportation may use the federal
funds for any combination of these purposes. The board may apply for,
accept, and use grants, loans or other financial assistance from any
municipal, county, state, or federal government agency. To the extent
any funds of any federal agency may be available to the city or the
county for use in paying the costs, the city and county may use the
federal funds, if permitted by applicable federal laws, for the payment
of any portion of the cost which is chargeable to or assumed by the city
and county.
[Pre-Local Government Recodification Citation:
19-5-14-17.]
As added by Acts 1980, P.L.8, SEC.70. Amended by
P.L.156-2020, SEC.40.