CHAPTER 3. DIVISION OF COSTS OF IMPROVEMENTS TO RAILROAD GRADE SEPARATIONS
IC 8-6-3
Chapter 3. Division of Costs of Improvements to Railroad Grade
Separations
IC 8-6-3-1
Percentage allocation; railroads and public entities
Sec. 1. (a) Whenever the separation of grades at the intersection
of a railroad or railroads (as defined in IC 8-3-1-2) and a public street
or highway is constructed, the railroad or railroads shall pay five (5)
percent of the cost of the grade separation as provided in this chapter.
(b) This chapter shall apply to an existing crossing, a new
crossing, or the reconstruction of an existing grade separation.
(c) If more than one (1) railroad (as defined in IC 8-3-1-2) is
involved in a separation, the railroads involved shall divide the
amount to be paid by the railroads by agreement between the
railroads. If the railroads fail to agree, the circuit court of the county
in which the crossing is located shall have jurisdiction, upon the
application of a party, to determine the division of the amount to be
paid by the railroads. The decision of the court is final, unless one (1)
or more parties deeming themselves aggrieved by the decision of the
court shall appeal therefrom to the court of appeals of Indiana within
thirty (30) days, or within additional time not exceeding ninety (90)
days, as may be granted by the circuit court. The appeal shall be
taken in substantially the same manner as an appeal in a civil case
from the circuit court.
(d) If a grade separation shall involve a state highway that is a part
of the state highway system of Indiana, or a street or highway
selected by the Indiana department of transportation as a route of a
highway in the state highway system, the state, out of the funds of
the Indiana department of transportation or funds appropriated for
the use of the Indiana department of transportation, shall pay
ninety-five percent (95%) of the cost of the grade separation.
(e) Before the Indiana department of transportation shall proceed
with a grade separation within a city or town, the Indiana department
of transportation shall first obtain the consent of the city, by a
resolution adopted by the board or officials of the city having
jurisdiction over improvement of the streets of the city, and any
material modification of the plans upon which the consent was
granted shall first be approved by the city by a similar resolution.
(f) If such grade separation is on a highway or street not a part of
the highways under the jurisdiction of the Indiana department of
transportation, or a part of a route selected by it, but is within any
city or town of the state, the city or town shall pay one-half (1/2) of
ninety-five percent (95%) of the total of such cost and the county in
which the crossing is located shall be liable for and pay one-half
(1/2) of the ninety-five percent (95%).
(g) If a grade separation that involves a state highway that is a part
of the state highway system of Indiana, or a street or highway
selected by the Indiana department of transportation as a route of a
highway in the state highway system, necessitates the grade
separation on other highways or streets, not a part of the highways
under the jurisdiction of the Indiana department of transportation but
within any city of the state of Indiana, then of the total cost of the
grade separation on a highway or street not under the jurisdiction of
the Indiana department of transportation but necessitated by the
grade separation involving a highway or street which is a part of the
state highway system, the city shall pay one-fourth (1/4) of
ninety-five percent (95%) and the county in which the crossing is
located shall be liable for and pay one-fourth (1/4) of the ninety-five
percent (95%) of the total of the costs and the state out of the funds
of the Indiana department of transportation or funds appropriated for
the use of the Indiana department of transportation, shall be liable for
and pay one-half (1/2) of the remaining portion.
(h) If a crossing is not within any city or town and does not
involve a highway under the jurisdiction of the Indiana department
of transportation, then the county in which the crossing is located
shall pay the ninety-five percent (95%) of the total cost which is not
paid by the railroad or railroads.
(i) The division of the cost of grade separation applies when the
grade separation replaces and eliminates an existing grade crossing
at which active warning devices are in place or ordered to be
installed by a state regulatory agency, but when the grade separation
does not replace nor eliminate an existing grade crossing the state,
county or municipality, as the case may be, shall bear and pay one
hundred percent (100%) of the cost of the grade separation.
(j) In estimating and computing the cost of the grade separation,
there shall be considered as a part of costs all expenses reasonably
necessary for preliminary engineering, rights-of-way and all work
required to comply with the plans and specifications for the work,
including all changes in the highway and the grade thereof and the
approaches to the grade separation, as well as all changes in the
roadbed, grade, rails, ties, bridges, buildings, and other structural
changes in a railroad as may be necessary to effect the grade
separation and to restore the railroad facilities aforesaid to
substantially the same condition as before the separation.
(k) The required railroad share of the cost shall be based on the
costs for preliminary engineering, right-of-way, and construction
within the limits described below:
(1) Where a grade crossing is eliminated by grade separation,
the structure and approaches for the number of lanes on the
existing highway and in accordance with the current design
standards of the governmental entity having jurisdiction over
the highway involved.
(2) Where another facility, such as a highway or waterway,
requiring a bridge structure is located within the limits of a
grade separation project, the estimated cost of a theoretical
structure and approaches as described under subdivision (1) to
eliminate the railroad-highway grade crossing without
considering the presence of the waterway or other highway.
(3) Where a grade crossing is eliminated by railroad or highway
relocation, the actual cost of the relocation project, or the
estimated cost of a structure and approaches as described under
subdivision (1), whichever is less.
(l) If the Indiana department of transportation or any city, town,
or county is unable to reach an agreement with a railroad company
after determining that construction or reconstruction of a grade
separation, which replaces or eliminates the need for a grade
crossing, is necessary to protect travelers on the roads and streets of
the state, the appropriate unit or combination of units of government
shall give a written notice of its intention to proceed with the
construction or reconstruction of a grade separation to the
superintendent or regional engineer of the railroad company. The
notice of intention shall be made by the adoption of a resolution
stating the need for the grade separation. If, after thirty (30) days, the
railroad has not agreed to a division of inspections, plans and
specifications, the number and type of jobs to be completed by each
agency, a division of costs, and other necessary conditions, the
Indiana department of transportation, city, town, or county may
proceed with the grade separation exercising any and all of its
powers to construct or reconstruct a bridge and, notwithstanding
other provisions of this chapter, may pay for up to one hundred
percent (100%) of the cost of the project. If the railroad is unable, for
good cause, to pay the share of the cost required by this section, the
city, town, or county may certify the amount owed by the railroad 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. However, before
the Indiana department of transportation, city, town, or county
undertakes to do the work themselves they shall notify an agent of
the railroad as to the time and place of the work.
(Formerly: Acts 1939, c.41, s.1; Acts 1975, P.L.82, SEC.1.) As
amended by Acts 1976, P.L.27, SEC.1; Acts 1980, P.L.74, SEC.63;
P.L.18-1990, SEC.71; P.L.146-2008, SEC.361.
IC 8-6-3-2
Application of other laws; maintenance after construction
Sec. 2. (a) This chapter shall not authorize the separation of grade
crossings of railroads and highways where not authorized by other
laws, but shall be considered as supplemental to other laws, and all
division of costs as provided for in this chapter, and all provisions for
the payment and collection of such costs and expenses and other
provisions of other laws relating to the subject matter shall continue
in effect, except as inconsistent with this chapter.
(b) Provided, however, that any such railroad or railroads shall be
authorized to make all changes in the roadbed, grade, rails, ties,
bridges, buildings, and other structural changes as may be necessary
to effect such grade separation, and to restore such railroad facilities
aforesaid to substantially the same condition as before said
separation and the costs and expenses incurred by said railroad or
railroads, and in excess of the amount, if any, to be borne by the
railroad or railroads, as in this chapter provided, shall be paid by the
state, county, or municipality, as the case may be, to such railroad or
railroads making such changes.
(c) After the construction of any such grade separation, the public
authority or municipality having jurisdiction over such street or
highway shall maintain the street or highway, and structures
supporting it, and the drainage thereof, where the street or highway
is carried over the railroad or railroads, and the railroad or railroad
companies shall maintain its or their railway tracks, and where the
street or highway is carried under any such railroad or railroads, then
the public authority or municipality having jurisdiction over such
street or highway, shall maintain the street or highway, and the
drainage thereof, and the railroad or railroads shall maintain its or
their roadbed and tracks and structures supporting the same.
(Formerly: Acts 1939, c.41, s.2.) As amended by P.L.62-1984,
SEC.99.
IC 8-6-3-3
Order or consent by department
Sec. 3. Notwithstanding any other provisions of this chapter or
existing laws in regard to which this chapter is supplemental, the
Indiana department of transportation shall not be chargeable with any
costs or expenses contemplated by this chapter unless the Indiana
department of transportation shall either order or consent to a
proposed grade separation or elevation contemplated by this chapter.
(Formerly: Acts 1939, c.41, s.3.) As amended by Acts 1980, P.L.74,
SEC.64; P.L.18-1990, SEC.72.
IC 8-6-3-4
Railroad relocation projects; allocation of cost; local government
powers
Sec. 4. (a) Where a grade separation results from a railroad
relocation project funded in substantial part by the federal
government, the shares of the cost of the grade separation shall be
allocated among all the participating governmental units and affected
railroads as they may agree.
(b) A county, city, or town, in connection with any railroad
relocation project funded in substantial part by the federal
government, may:
(1) purchase, lease, or sell real or personal property;
(2) design and construct any pedestrian, motor vehicle, or
railroad transportation facilities;
(3) enter into any contracts with federal, state, or local
governmental agencies or the owner or operator of any railroad
transportation system;
(4) convey by deed or lease, pursuant to written agreement, any
pedestrian, motor vehicle, or railroad transportation facilities
for any federal, state, or local governmental agency or the
owner or operator of any railroad transportation system;
(5) issue any bonds, notes, or warrants for financing its share of
the cost of the project; and
(6) perform all incidental and necessary acts in connection with
the railroad relocation project.
(c) A city or town may exercise powers granted by this section
within four (4) miles outside its corporate boundaries.
As added by P.L.65-1984, SEC.1.