First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 63
AN ACT to amend the Indiana Code concerning utilities and transportation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 8-4.5-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The departments
annually shall do the following:
(1) Prepare a list of existing rights-of-way that might be
abandoned during the following year. The list shall be submitted
to the board for review.
(2) Set priorities for potential future uses of rights-of-way
consistent with the Indiana department of transportation's
comprehensive transportation plan and the department of natural
resources trail system plan.
(3) Contact each railroad owner that holds an interest in a
corridor in Indiana to assess the status and any issues
concerning corridors that may be abandoned.
(b) The Indiana department of transportation annually, in
consultation with affected state and local agencies, shall prepare a
list of corridors for preservation.
SECTION 2. IC 8-4.5-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.
(a) The Indiana
department of transportation shall determine whether the state should
acquire a railroad's interest in a corridor that is proposed to be
abandoned. The department shall make its recommendations to the
board regarding acquisition of a railroad's interest in any corridor.
(b) Acquisition of a railroad's interest in a corridor is subject to
approval of the board.
SECTION 3. IC 8-4.5-4-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 1.5. The board shall advise and assist the Indiana
department of transportation in matters concerning the acquisition
of a railroad's interest in a corridor under this chapter.
SECTION 4. IC 8-4.5-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The Indiana
department of transportation shall hold at least one (1) public meeting
county through which the corridor passes before determining
whether the state should acquire a railroad's interest in a corridor that
is proposed to be abandoned. Notice of the meeting must be given in
accordance with IC 5-14-1.5.
(b) In addition to the notice requirements of IC 5-14-1.5, the
department shall give notice of a meeting under this section to the
(1) The county commissioners of each county through which the
railroad's interest in the proposed abandoned corridor passes.
(2) The legislative body of each city or town:
(A) through which the railroad's interest in the corridor passes;
(B) that is within one (1) mile of any part of the railroad's
interest in the corridor.
(3) The railroad that proposes to abandon the railroad's interest in
(4) The Indiana utility regulatory commission.
Notice must be given to the persons described in subdivisions (1)
through (4) not later than the date notice is required to be published
under IC 5-14-1.5.
(c) The department may hold additional meetings before making a
determination under this chapter.
(d) The department shall hold a meeting under this section in each
county through which the railroad's interest in the corridor passes.
SECTION 5. IC 8-4.5-4-5 IS REPEALED [EFFECTIVE JULY 1,