Citations Affected:
IC 8-6-1-7.
Synopsis: Approval of railroad grade crossings. Removes a provision
that exempts a railroad from obtaining the permission of the Indiana
department of transportation to construct a railroad grade crossing if
the railroad has secured its rights-of-way or has begun construction.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Transportation and
Homeland Security.
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
SECTION 1.
IC 8-6-1-7
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 7. (a) Whenever the department
finds it best to relocate or to consolidate highway crossings over
railroads in this state, it has jurisdiction for that purpose, and may serve
the board of county commissioners and the railroad companies with
notice, and shall proceed to hear and determine said matters, and
thereupon make such orders as, in the opinion of the department, are
necessary to make the said relocation or consolidation effective. Such
orders shall be binding upon the parties so served with the notice, and
if not observed by them within the time prescribed in said orders, the
department shall proceed as provided in section 4 of this chapter to
enforce such orders.
(b) Whenever it shall be desired to establish or extend a highway at
grade over any railroad in this state, it shall be necessary, before
establishing or extending the highway, that the petitioners shall, by a
procedure to be prescribed by the department, petition to obtain the
authority of the department under
IC 8-6-7.7-3.4.
The grant or refusal
of authority therefor by the department shall be final and conclusive
except as provided in this chapter.
(c) Whenever it shall be desired by any railroad company to
construct a new railroad at grade over any public highway or highways
in this state, it shall be necessary for a company, by a procedure to be
prescribed by the department, to petition to obtain the authority of the
department under
IC 8-6-7.7-3.4.
but it shall not be necessary to obtain
such authority when such new railroad has secured its rights of way or
is under construction. The grant or refusal of such authority shall be
final and conclusive, except as provided in this chapter. Nothing herein
shall prevent the department from subsequently altering or rescinding
any grant or refusal of authority to construct such highway or railway,
if, in its discretion, such alteration should be made.