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HOUSE BILL No. 1352

Citations Affected: IC 8-3-15.

Synopsis: Unauthorized utility lines on railroad property. Provides that a person who places wire, pipe, cable, fiber optic cable, or conduit across, under, or in the right-of-way or yard of a railroad company commits a Class B misdemeanor unless the person has written permission from the railroad company to place the wire, pipe, cable, fiber optic cable, or conduit across, under, or in the right-of-way or yard. Authorizes a railroad company injured by a violation of the law to bring a civil action for: (1) injunctive relief; (2) compensatory damages for harm caused by the violation; (3) treble damages; and (4) costs and reasonable attorney's fees.

Effective: July 1, 2003.

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Moses

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    January 14, 2003, read first time and referred to Committee on Interstate and International Cooperation.

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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 word NEW 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 or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

SOURCE: IC 8-3-15-3; (03)IN1352.1.1. -->     SECTION 1. IC 8-3-15-3 , AS AMENDED BY P.L.259-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) A person who rides, drives, or walks on or along the right-of-way or yard of a railroad company at a place other than a public crossing commits a Class B misdemeanor.
    (b) A person who places wire, pipe, cable, fiber optic cable, or conduit across, under, or in the right-of-way or yard of a railroad company commits a Class B misdemeanor.
     (c) As used in this section, "right-of-way" means the track or roadbed owned or leased by a railroad which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.
    (c) (d) As used in this section, "yard" means a system of parallel tracks, cross-overs, and switches where cars are switched and made up into trains, and where cars, locomotives, and other rolling stock are kept when not in use or awaiting repairs.

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    (d) (e) This section does not apply to:
        (1) passengers on trains or employees of a railroad company while engaged in the performance of their duties;
        (2) picketing by railroad employees in the vicinity of entrances to railroad company property;
        (3) an authorized representative of the railroad employees;
        (4) a person going upon the right-of-way or into the yard to save human life or to protect property;
        (5) a person being on the station grounds or in the depot of the railroad company as a passenger or for the purpose of transacting business;
        (6) a person, or the person's family or employees going upon the right-of-way for the purpose of crossing from one (1) part to another part of a farm the person owns or leases, where the farm lies on both sides of the right-of-way;
        (7) a person having written permission from the railroad company to go upon the right-of-way;
        (8) a person having written permission from the railroad company to place a wire, pipe, cable, fiber optic cable, or conduit across, under, or in the right-of-way or yard of the railroad company;
         (9) representatives of the Indiana department of transportation;
        (9) (10) representatives of the federal Surface Transportation Board; or
        (10) (11) a registered land surveyor or a land surveyor's employees who are on the right-of-way or in the yard for the purpose of making land surveys.

SOURCE: IC 8-3-15-4; (03)IN1352.1.2. -->     SECTION 2. IC 8-3-15-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) A person injured by a violation of section 3(b) of this chapter may bring a civil action for:
        (1) injunctive relief;
        (2) damages in compensation for actual harm caused by the violation;
        (3) treble damages; and
        (4) costs and reasonable attorney's fees.
    (b) Injunctive relief may be granted for a violation of section 3(b) of this chapter regardless of the failure of the plaintiff to show irreparable injury.