§ 8-6-7.7-3.2 — Petition for closure; public hearing; determination and findings by unit

Indiana § 8-6-7.7-3.2

• Jurisdiction: Indiana
• Art. 6: RAILROAD CROSSINGS
• Ch. 7.7: Railroad Grade Crossings Fund

Text

2. (a) A person may petition a unit (as defined
in IC 36-1-2-23) under whose jurisdiction a public railroad crossing
lies for the closure of a public railroad crossing. The unit shall conduct
a public hearing on the petition not more than sixty (60) days after the
date on which the unit receives the petition. Notice of the public
hearing must be provided under section 3.5 of this chapter.
(b) Except as provided in subsection (c), if the unit determines that
the crossing meets the criteria adopted by the Indiana department of
transportation under section 3.1 of this chapter for closing a crossing,
the unit shall approve the petition described in subsection (a) and issue
an order to close the crossing. The unit shall provide a copy of the
unit's findings to the Indiana department of transportation.
(c) If the unit determines that:
(1) the crossing meets the criteria for closure adopted by the
Indiana department of transportation under section 3.1 of this
chapter; and
(2) a compelling reason has been shown to exist for the crossing
to remain open;
the unit may deny a petition to close the crossing. The unit shall
provide a copy of the unit's findings to the Indiana department of
transportation.
(d) If the unit determines that the crossing does not meet the criteria
for closure adopted by the Indiana department of transportation and
section 3.1 of this chapter, the unit may deny a petition to close the
crossing.
(e) A unit and a railroad may agree to close a crossing within the
jurisdiction of the unit. The unit must conduct a public hearing before
agreeing to the closure of the crossing. Notice of the public hearing
must be provided under section 3.5 of this chapter.

Legislative History

As added by P.L.81-1996, SEC.7. Amended by P.L.198-2016, SEC.71; P.L.49-2024, SEC.3.