Indiana § 8-6-2.1-9 Notice of adoption of resolution or alteration of grade; remonstrances

Indiana Statutes

§ 8-6-2.1-9 — Notice of adoption of resolution or alteration of grade; remonstrances

Indiana § 8-6-2.1-9

Art. 6RAILROAD CROSSINGS

Ch. 2.1Railroad Grade Crossing Separations

This text of Indiana § 8-6-2.1-9 (Notice of adoption of resolution or alteration of grade; remonstrances) 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 § 8-6-2.1-9 (2026).

Text

(a)Upon the adoption of the resolution for separation or alteration of grades, the board shall cause notice of the adoption and intention, and of the fact that the maps, plans, specifications, agreements and estimates have been prepared and can be inspected, to be published in accordance with IC 5-3-1. The notice shall name a day not less than twenty (20) days after the date of the last publication on which the board will receive or hear remonstrances from persons interested in or affected by the proceedings, and when it will determine the public necessity and convenience of the project.

(b)A like notice shall be sent by mail to the owners of all lands to be appropriated under and by the resolution, and in case any landowner is a nonresident and the nonresident owner's place of residence

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(a) Upon the adoption of the resolution for
separation or alteration of grades, the board shall cause notice of the
adoption and intention, and of the fact that the maps, plans,
specifications, agreements and estimates have been prepared and can
be inspected, to be published in accordance with IC 5-3-1. The notice
shall name a day not less than twenty (20) days after the date of the last
publication on which the board will receive or hear remonstrances from
persons interested in or affected by the proceedings, and when it will
determine the public necessity and convenience of the project.
(b) A like notice shall be sent by mail to the owners of all lands to
be appropriated under and by the resolution, and in case any landowner
is a nonresident and the nonresident owner's place of residence is
known, a like notice shall be mailed to the nonresident owner, but in
event the nonresident owner's residence is unknown by the board, then
the nonresident owner is considered to have been notified of the
pendency of the proceedings by the publication of notice. A like notice
shall also be served on a resident agent or officer of any railroad
company or street railway company whose tracks are affected by the
proceeding, but failure to serve the notice shall not invalidate the
jurisdiction of the board in the premises.
(c) If the Indiana department of transportation and the county in
which the city is located participate in the proceedings, then a like
notice shall be served upon the Indiana department of transportation
and upon the board of commissioners of the county.
[Pre-Local Government Recodification Citation:
19-5-14-9.]
As added by Acts 1980, P.L.8, SEC.70. Amended by
P.L.156-2020, SEC.38.