Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 1. Any corporation organized under the laws of Indiana and authorized by its articles of incorporation to furnish water to any town or city or the inhabitants of the town or city, through or adjoining whose land any highway has been located and established, and that desires …

Sec. 2. Upon the filing of the petition described in section 1 of this chapter, the court shall set a time for hearing not less than fourteen (14) days nor more than twenty-one (21) days thereafter and notice shall be given of the filing of said petition and the time set for hear…

Sec. 3. Any person feeling himself aggrieved by the proposed vacation or relocation may file a written remonstrance with the court at any time prior to the time set forth for hearing upon any one or more of the following grounds and no other to wit: (a) That the highway or portio…

Sec. 4. If no such remonstrance shall be filed in writing with the court before the time set for hearing, the court shall grant the prayer of the petition. If remonstrance thereto be made, the court shall set the time for hearing and trial by the court and if the facts alleged in…

Sec. 1. No person, company or corporation shall be permitted to keep, have or maintain any public ferry across any stream running through or bounding on any county in this state, to and from any points without the limits of this state, without first having obtained a license from…

Sec. 10. The rates of ferriage shall be fixed by the board of county commissioners at the time of licensing the ferry, and from time to time thereafter, as they shall think proper; and it shall be the duty of the auditor to furnish every applicant, on taking out a license to keep…

Sec. 11. If any ferry shall not be furnished with the necessary boats and ferrymen within six (6) months after the establishment thereof, or if the proprietor shall willfully neglect to attend to the same, or shall fail to comply with any of the requirements of the proper board o…

Sec. 12. It shall not be lawful to obstruct, by steamboats, keelboats, flatboats, or otherwise, the landings of ferries established under this chapter, but such ferries shall be entitled to the exclusive use of the whole width of the routes leading thereto for all appropriate pur…

Sec. 13. (a) A person who keeps, maintains, works, or runs a ferry without being licensed or authorized according to this chapter commits a Class C infraction. (b) Each day of violation of subsection (a) constitutes a separate offense. Formerly: Acts 1881(ss), c.52, s.13. As amen…

Sec. 14. A person licensed under this chapter who does any act in violation of the conditions of his license commits a Class C infraction. Formerly: Acts 1881(ss), c.52, s.14. As amended by Acts 1978, P.L.2, SEC.816.

Sec. 2. The board shall not grant a license to the applicant unless he shall produce satisfactory evidence to the court that he has set up in the township where the ferry is proposed to be kept and maintained written or printed notices in three (3) public places of his intention …

Sec. 3. The board, upon being satisfied that the notice hereby required has been given and that a ferry is needed at such place and that the applicant is a suitable person, may grant to the applicant a license to keep and maintain the same for the term of five (5) years, on his p…

Sec. 4. Before such license shall be granted, the applicant shall produce the county treasurer's receipt for the sum so fixed, and shall also enter into a recognizance to the state of Indiana, in a penal sum to be fixed by such board, not less than one hundred dollars ($100) nor …

Sec. 5. The person owning or possessing lands on both sides of any stream where a ferry is proposed to be established shall have the exclusive right of a license for a ferry at such place; and when the opposite banks are owned by different persons, the right to the ferry shall be…

Sec. 6. Nothing in this chapter shall be so construed as to prevent any person from ferrying passengers across a small stream in high water; and the board may authorize the auditor to give any person a permit for such purpose, when, in its opinion, the stream is too small to just…

Sec. 7. The auditor shall record each license; and for the issuing of a license, he shall receive from the applicant a fee of fifty cents (50 cents). Formerly: Acts 1881(ss), c.52, s.7.

Sec. 8. Each licensed ferry-keeper shall constantly keep a sufficient number of boats, if more than one (1) be required by the board of commissioners, and give due attendance to the transportation of all persons, with their property, who shall apply for the same, between daylight…

Sec. 9. All persons, companies, or corporations keeping, having, or maintaining any public ferries across any stream to and from any point in Indiana shall cause the banks of the river or creek to be dug sufficiently low and kept in good passable order for the passage of persons,…

Sec. 1. The use by the public (of the) right of way or depot grounds of any railroad in this state by riding, driving or walking thereon, shall not ripen into a right to continue to do so even though it has been so used for a period of twenty (20) years or more; nor shall such us…

Formerly: Acts 1865(ss), c.21, s.2. Repealed by Acts 1972, P.L.8, SEC.3.

misdemeanor; definitions; exceptions 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) "Right-of-way" means the track or roadbed owned or leased by…

Sec. 1. As used in this chapter: "Board" means the board of trustees of the commuter transportation district. "Commuter transportation system" means any rail common carrier of passengers for hire, the line, route, road, or right-of-way of which crosses one (1) or more county boun…

service costs Sec. 10. (a) Any commuter transportation system which receives aid from the district under this chapter must make its financial records available for inspection during normal working hours by a designated representative of the district. (b) The district may provide …

bonds; mutilated, destroyed, or lost bonds Sec. 11. (a) The proceeds of the bonds of each issue: (1) shall be used solely for the payment of the cost of the railroad project for which the bonds have been issued; and (2) shall be disbursed in such manner and under such restriction…

Sec. 12. (a) The board may provide by resolution for the issuance of revenue refunding bonds of the district or revenue advance refunding bonds of the district, payable solely from revenues, for the purpose of refunding or advance refunding any bonds then outstanding that have be…

trustee; guaranteed investment contract Sec. 13. (a) All money received under this chapter, whether as proceeds from the sale of bonds, from revenues, or otherwise: (1) shall be considered to be trust funds to be held and applied solely as provided in this chapter; and (2) except…

of rights; enforcement and compelling performance of duties under chapter Sec. 14. Any holder of bonds issued under this chapter and the trustee under any trust agreement, except to the extent the rights granted by this chapter may be restricted by the authorizing resolution or t…

Sec. 15. (a) The board may exercise the power of eminent domain for the purpose of carrying out this chapter and award damages to landowners for real estate and property rights appropriated and taken. If the board cannot agree with the owners, lessees, or occupants of any real es…

Indiana; tax exemption Sec. 16. (a) The exercise of the powers granted by this chapter is in all respects for the benefit of the people of Indiana, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. (b) As the operati…

Sec. 18. (a) Each district shall request the attorney general to perform any legal services required in providing transportation service within the district. If the attorney general is unable to perform those services, the district may, with the attorney general's approval, emplo…

Sec. 19. (a) Each district shall request the state board of accounts to perform any auditing services required under this chapter in providing transportation service within the district. If the state board of accounts is not able to perform those services, the district may employ…

Sec. 2. (a) The district is created and shall be composed solely of counties which are served by the system and through which the system passes. (b) A district shall be a distinct municipal corporation and shall bear a name including the words "commuter transportation district". …

Sec. 20. Any agreement between the district and the system, the principal purpose of which is to provide passenger rail service, must include the following provisions: (1) That the replacement of capital assets employed in the provision of passenger service will be provided for p…

operation Sec. 21. Any agreement between the district and the system may include a provision that, with respect to assets owned by either party, property interests may be conveyed and responsibilities for operation and maintenance may be assigned to either party, or jointly held …

Sec. 22. Any agreement between the district and the system must include a service profile describing passenger service levels. The service profile shall be described with terms and conditions that are objective and measurable. As added by P.L.385-1987(ss), SEC.14.

Sec. 23. Any financial or operating agreement between a district and a system does not take effect until the Indiana department of transportation approves the agreement. As added by P.L.385-1987(ss), SEC.15. Amended by P.L.18-1990, SEC.68.

Sec. 24. (a) Before January 1 of each year, the district shall certify to the Indiana department of transportation that the district has taken action to provide financial responsibility against liability of the district under any agreement with a commuter transportation system. (…

Sec. 25. (a) The capital improvement contingency fund is established for the purpose of: (1) receiving taxes, appropriations, and other revenues; (2) matching state or federal transportation grants made to permit the acquisition of capital assets; (3) acquiring capital improvemen…

property Sec. 26. If a petition is filed by the system under the Interstate Commerce Act to discontinue rail passenger service, the district may take the necessary action to acquire the system's passenger and freight properties under sections 5(a)(12) and 5(a)(13) of this chapter…

Sec. 3. (a) The district shall be supervised and managed by a board of trustees, which consists of the following: (1) The commissioner, or the commissioner's designee, who shall serve as chair of the board. (2) Four (4) members appointed by the governor, consisting of one (1) ele…

Sec. 4. (a) The board may exercise the executive and legislative power of the district as provided by this chapter. (b) The board shall hold regular meetings, to be held not less than four (4) times a year, and shall keep its meetings open to the public. (c) The members of the bo…

Sec. 5. (a) The board has all powers reasonably necessary to carry out the purpose of this chapter including the following powers: (1) To receive federal, state, county, and municipal funds, or private contributions and disburse them for the purpose of aiding commuter transportat…

Sec. 5.4. (a) The board may provide by resolution, at one (1) time or from time to time, for the issuance of revenue bonds of the district for the purpose of paying all or any part of the cost of a railroad project. The principal of and the interest on the bonds are payable solel…

of bondholders; depository; expenses Sec. 5.5. (a) In the discretion of the board, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the board and a corporate trustee, which may be any trust company or bank having the powers …

rail service fund Sec. 5.6. (a) The general assembly covenants with the purchasers of any bonds issued pursuant to the authority of this chapter that the taxes providing the amounts to be distributed to the district from the electric rail service fund (IC 8-3-1.5-20.6) and the co…

Sec. 5.7. (a) If there are bonds outstanding issued pursuant to section 5.4 of this chapter, the treasurer of the board shall deposit in a separate and distinct fund called the commuter transportation system bond fund all amounts distributed to the district from the commuter rail…

Sec. 7. (a) Any provision of this chapter in conflict with the Interstate Commerce Act of the United States or any other federal law or regulations governing transportation by common carrier is void, but all other provisions of this chapter shall be given effect if possible, with…

Sec. 8. The board of commissioners of any county may authorize the grant of funds to any commuter transportation system serving or passing through the county for the purchase of equipment or other capital improvements. The grants shall be made to a district for distribution to th…

[Pre-Local Government Recodification Citation: 19-5-2.6-10.] As added by Acts 1980, P.L.8, SEC.68. Amended by Acts 1981, P.L.67, SEC.11; P.L.385-1987(ss), SEC.9. Repealed by P.L.11-1993, SEC.9.

Sec. 1. The department shall determine whether a railroad grade crossing is abandoned or unused after receiving a request for the determination from: (1) the railroad; or (2) the state highway district or local road authority that has jurisdiction over the roadway. As added by P.…