Title 8, UTILITIES AND TRANSPORTATION

Sec. 15. A rule that the commission adopts under section 3(g) of this chapter that is necessary to implement a state or federal statute, rule, or regulation is void sixty-one (61) days after the expiration of that statute, rule, or regulation, unless the commission makes a writte…

Sec. 16. (a) As used in this section, "commission" refers to the Indiana utility regulatory commission created by section 2 of this chapter. (b) As used in this section, "governmental requirement" means a requirement imposed on a utility by a governmental unit in connection with:…

Sec. 2. (a) There is created the Indiana utility regulatory commission which shall consist of five (5) members, at least one (1) of whom shall be an attorney qualified to practice law before the supreme court of Indiana and not more than three (3) of whom belong to the same polit…

Sec. 3. (a) The members of the commission shall meet and organize the commission. The commission may, subject to the approval of the governor, appoint a secretary of the commission. (b) The salaries of the members and secretary of the commission shall be fixed by the governor, su…

Sec. 4.1. Any expense incurred by the commission, either upon complaint against any public utility, or upon petition of any public utility shall be charged and paid in the manner provided in IC 8-1-2-70 or IC 8-1-6, whichever is appropriate under the circumstances. As added by Ac…

Sec. 5. (a) The commission shall in all controversial proceedings heard by it be an impartial fact-finding body and shall make its orders in such cases upon the facts impartially found by it. The commission shall in no such proceeding, during the hearing, act in the role either o…

Sec. 7. Where in any statute or rule provision is made for an appeal from, or action against, the public service commission, or an appeal from, or action against, the public service commission of Indiana, such appeals or actions may be taken from or brought against the Indiana ut…

Sec. 8. (a) Notwithstanding any other statute relative to the publication of notice of hearings to be held by the utility regulatory commission, publication of notice of hearings to be held by the commission shall be made only in accordance with this chapter. (b) Whenever the uti…

Sec. 8.1. (a) As used in this section, "commission proceeding" means a hearing for which notice is provided under section 8 of this chapter. (b) The commission shall provide on a publicly accessible platform of the commission's choice a live transmission of any commission proceed…

Sec. 9. In every case where any law to be administered by the commission created by this chapter provides that a party to a proceeding before the commission shall have a time in which to file written exceptions to a suggested order before the same may become the final order of th…

Sec. 1. (a) As used in this chapter, "department" refers to the Indiana department of transportation. (b) Every such carrier shall annually, before April 1, file with the department, under the signature and oath of the department's principal accounting officer, a detailed report,…

Sec. 18. The department may inquire into the management of the business of all common carriers subject to this chapter, and shall keep itself informed as to the manner and method in which the same is conducted, and may obtain from such carriers full and complete information neces…

Sec. 2. The term "railroad" as used in this chapter shall mean and include any railroad whether its locomotives are powered by steam, combustion-type fuel or electricity other than a hobby, tourist, amusement, and non-freight-carrying railroad. Formerly: Acts 1905, c.53, s.3a; Ac…

Sec. 20. This chapter does not release or waive any right of action by the state or any person for any right, penalty, or forfeiture which may arise under any law of this state. All penalties accruing under this chapter shall be cumulative of each other, and a suit for or recover…

Sec. 20.5. (a) As used in this section, "personally identifying information" means the following information that identifies an individual: (1) Name. (2) Driver's license number. (3) Address (other than the ZIP code). (4) Date of birth. (5) Electronic mail address. (6) Telephone …

Sec. 21. (a) Every railroad company subject to this chapter shall report to the department as soon as possible after it has occurred, every accident and the general cause thereof, involving loss of life or serious injury to passenger or employee. (b) Whenever the department shall…

Sec. 21.1. (a) Upon receiving notice of intent to abandon railroad rights-of-way from any railroad company, the department shall, upon receipt, notify: (1) the county executives, county surveyors, and cities and towns of the counties affected; (2) the Indiana economic development…

Sec. 21.2. (a) The department may order the apportionment of costs that result from the restoration, under section 21.1(b) of this chapter, of grade crossings with abandoned railroads among the railroads and the public agencies. After receiving a petition from a railroad or an af…

Sec. 21.3. (a) When a public street or highway intersects with a railroad right-of-way that is not owned by a railroad, the public agency with jurisdiction over the street or highway may: (1) remove any crossing control devices; (2) remove railroad insignia, rails, or ties; or (3…

Sec. 22. If the department determines that the right-of-way of a railroad which intersects or crosses a public highway or street is abandoned, any unit of government may resurface that intersection or crossing. As added by Acts 1982, P.L.75, SEC.2. Amended by P.L.384-1987(ss), SE…

Sec. 23. Any expense incurred by the department, either upon a complaint against a railroad or upon a petition of any railroad, shall be charged and paid in the manner provided for public utilities under IC 8-1-6. As added by P.L.384-1987(ss), SEC.33.

Sec. 0.3. As used in this chapter, unless the context clearly requires otherwise, "corporation" includes a foreign corporation, partnership, or limited liability company authorized to do business in Indiana. As added by P.L.146-2017, SEC.2.

Sec. 0.5. As used in this chapter, "rail carrier" has the meaning set forth in 49 U.S.C. 10102(5). As added by P.L.146-2017, SEC.3.

Sec. 0.6. As used in this chapter, "railroad" includes a rail carrier. As added by P.L.146-2017, SEC.4.

Sec. 1. (a) A railroad may incorporate under any of the following: (1) Before July 1, 2017, this chapter. (2) The Indiana Business Corporation Law (IC 23-1) (before its repeal). (3) Any other applicable statute. After June 30, 2017, a railroad may not incorporate under this chapt…

Sec. 10. The directors of such company shall have power to make by-laws for the management and disposition of stock, property and business affairs of such company not inconsistent with the laws of this state, and prescribing the duties of officers, artificers, and servants, that …

Sec. 11. Each shareholder shall be entitled to a certificate, signed by the president or a vice-president and the secretary or an assistant secretary or the treasurer or an assistant treasurer, certifying the number of shares of stock owned by him in the company; which shares sha…

Sec. 12. The president and a majority of the directors, within thirty (30) days after the payment of the last instalment of the capital stock so fixed and limited by the company, shall make a certificate, stating the amount of capital stock so fixed and paid in, which certificate…

Sec. 13. Every such company, before proceeding to construct a part of their road into or through any county named in its articles of association, shall make a map and profile of the route intended to be adopted by such company, which shall be certified by a majority of the direct…

Sec. 14. (a) Every such corporation shall possess the general powers, and be subject to the liabilities and restrictions, expressed in the special powers following: (1) To cause such examination and surveys for the proposed railroad to be made as may be necessary to the selection…

Sec. 15. If a rail carrier authorized under this chapter to exercise the power of eminent domain is unable to agree for the purchase of any real estate, in any county, required for the construction of the track, turn-outs and water stations, upon a demonstration of public use, it…

Sec. 16. (a) A railroad is authorized to enter upon any land for the purpose of examining and surveying its railroad line. A rail carrier may appropriate as much land as is deemed necessary for its railroad, including necessary side-tracks and water stations, materials for constr…

Sec. 17. If there are adverse or conflicting claimants to the money, or any part of it, to be paid as compensation for the real estate taken, the court may direct the money to be paid into the said court by the company, or take security for the same until it can determine who is …

Sec. 18. The court shall appoint some competent attorney to appear for and protect the rights of any party in interest who is unknown, or whose residence is unknown, and who has not appeared in the proceedings by an attorney or agent. The court shall also have power, at any time,…

Sec. 19. At any time after an attempt to acquire title by appraisal of damages or otherwise, if it shall be found that the title thereby attempted to be acquired is defective, the rail carrier may proceed anew to acquire or perfect the same in the same manner as if no appraisal h…

Sec. 2. The shareholders of any railroad company, now organized or to be organized under the laws of this state, shall have no preemptive rights to subscribe to or purchase any additional issues of shares of the capital stock of the corporation of any class nor any shares of the …

Sec. 20. A railroad may, from time to time, borrow such sums of money as they may deem necessary for completing or operating their railroad, and issue and dispose of their bonds for any amounts so borrowed, for such sums, and at such rate of interest as is allowed by the laws of …

Sec. 21. If, at any time after the location of the track of such road, in whole or in part, and the filing of the map thereof, it shall appear to the directors of the railroad that the line thereof may be improved, such directors may, from time to time, alter the line, and cause …

Sec. 22. Whenever the track of such railroad shall cross a road or highway, such road or highway may be carried under or over the track, as may be most expedient; and in cases where an embankment or cutting shall make a change in the line of such road or highway desirable, with a…

Sec. 23. If any corporation shall, for its purposes aforesaid, require any land belonging to the state or to any county or town, the general assembly and the county and town officers respectively having charge of such lands may grant such lands to such corporation upon such terms…

Sec. 24. Every conductor, baggagemaster, engineer, brakeman, or other servant of any such railroad corporation, employed on a passenger train or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office and the initialed letters of the st…

Sec. 25. The state shall have a lien upon all railroads of such corporations and their appurtenances and stock in the railroads for all penalties, taxes and dues which may accrue to the state from such corporations; which lien of the state shall have precedence of all demands, ju…

Sec. 3. Articles of association formed under section 1 of this chapter shall be filed in the office of the secretary of state; and, thereupon, the persons who have subscribed the same, and all persons who shall, from time to time, become stockholders in such company, and their su…

Sec. 31. Every corporation shall, within a reasonable time after their road shall be located, cause to be made: First. A map and profile thereof, and of the land taken and obtained for the use thereof, and file the same in the office of the secretary of state; and also like maps …

Sec. 32. If any such corporation shall not, within three (3) years after its incorporation, begin the construction of its road, and expend thereon five (5) per cent of the amount of its capital, and finish the road and put it in full operation in ten (10) years thereafter, its ac…

Sec. 34. This chapter may be amended or repealed at the discretion of the legislature. Formerly: Acts 1852, 1RS, c.83, s.37. As amended by P.L.62-1984, SEC.43.