§ 8-6-3-2 — Application of other laws; maintenance after construction

Indiana § 8-6-3-2

• Jurisdiction: Indiana
• Art. 6: RAILROAD CROSSINGS
• Ch. 3: Division of Costs of Improvements to Railroad Grade

Text

(a) This chapter shall not authorize the separation
of grade crossings of railroads and highways where not authorized by
other laws, but shall be considered as supplemental to other laws, and
all division of costs as provided for in this chapter, and all provisions
for the payment and collection of such costs and expenses and other
provisions of other laws relating to the subject matter shall continue in
effect, except as inconsistent with this chapter.
(b) Provided, however, that any such railroad or railroads shall be
authorized to make all changes in the roadbed, grade, rails, ties,
bridges, buildings, and other structural changes as may be necessary to
effect such grade separation, and to restore such railroad facilities
aforesaid to substantially the same condition as before said separation
and the costs and expenses incurred by said railroad or railroads, and
in excess of the amount, if any, to be borne by the railroad or railroads,
as in this chapter provided, shall be paid by the state, county, or
municipality, as the case may be, to such railroad or railroads making
such changes.
(c) After the construction of any such grade separation, the public
authority or municipality having jurisdiction over such street or
highway shall maintain the street or highway, and structures supporting
it, and the drainage thereof, where the street or highway is carried over
the railroad or railroads, and the railroad or railroad companies shall
maintain its or their railway tracks, and where the street or highway is
carried under any such railroad or railroads, then the public authority
or municipality having jurisdiction over such street or highway, shall
maintain the street or highway, and the drainage thereof, and the
railroad or railroads shall maintain its or their roadbed and tracks and
structures supporting the same.
Formerly: Acts 1939, c.41, s.2. As amended by P.L.62-1984,
SEC.99.