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.
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    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 in each a 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 following:
        (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; or
            (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 the corridor.
        (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, 2005].


SEA 63 _ Concur

Figure

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