CHAPTER 12. REPAIR OF RAILROAD GRADE CROSSINGS BY LOCAL GOVERNMENT
IC 8-6-12
Chapter 12. Repair of Railroad Grade Crossings by Local
Government
IC 8-6-12-1
Suit to collect municipal expenses; collection by special tax
duplicate
Sec. 1. (a) Each railroad company whose road or tracks lie in any
public street, road, or alley in any city, town, or county shall properly
grade, plank, gravel, or asphalt the road and tracks in accordance
with the grade and surfacing material of the public street, road, or
alley in such a manner as to afford security for life and property of
persons and vehicles using the public streets, roads, or alleys.
(b) If a railroad company fails to comply with the provisions of
this section, the city, town, or county in which the public street, road,
or alley is located may, after thirty (30) days written notice to the
superintendent or regional engineer of railroad company, do the work
and either:
(1) recover the amount of the cost thereof from the railroad
company by suit filed in any court of competent jurisdiction, in
which case the city, town or county may collect reasonable
attorney fees; or
(2) certify the amount owed to the county auditor who shall
prepare a special tax duplicate to be collected and settled for by
the county treasurer in the same manner and at the same time as
property taxes are collected;
provided, that before the municipal corporation, city, town, or county
shall undertake to do the work themselves they shall notify an agent
of the railroad as to the time and place.
(Formerly: Acts 1969, c.174, s.1.) As amended by P.L.62-1984,
SEC.103.
IC 8-6-12-2
Improvement order; repair of street occupied by rails of railroad
or street railroad; failure to comply; assessment of costs; collection
Sec. 2. The board of public works or board of public works and
safety of a city or town legislative body may issue a written
improvement order requiring that any railroad, interurban, or
interurban street railroad undertake to repair or improve that portion
of the street occupied by its track, including the space between the
rails, the space between the tracks if there is more than one (1) track,
and the space to the end of its ties in width on the outside of said
rails. The written improvement order shall be given by the board or
body to the railroad, interurban, or interurban street railroad
company and must allow the railroad company thirty (30) days in
which to commence the repairs or improvement. If the railroad
company fails to commence the work within the thirty (30) day
period, then the board or body may have the repairs or improvements
made and shall assess the cost against the railroad company, to be
collected in the same manner as assessments for other public
improvements are collected. The board or body may certify the
amount owed to the clerk of the circuit court, where the amount
certified shall be entered by the clerk upon the judgment docket in
the clerk's office, whereupon it has the same force as a judgment
pronounced in the circuit court of the county and is subject to
execution in the same manner as any other judgment for money.
As added by Acts 1981, P.L.11, SEC.49. Amended by P.L.8-1989,
SEC.51.