Sec. 10. (a) This section applies if a railroad does not own the right-of-way fee.
(b) If a railroad abandons its right to a railroad right-of-way, the railroad's interest vests in the owner of the right-of-way fee with a deed that contains a description of the real property that includes the right-of-way.
(c) If a deed described in subsection (b) does not exist, then the railroad's interest vests in the owner of the adjoining fee. The interest of the railroad that vests in the owner of the adjoining fee is for the part of the right-of-way from the center line of the right-of-way to the adjoining property line.
[Pre-2002 Recodification Citation: 32-5-12-10.]
As added by P.L.2-2002, SEC.8.
Structure Indiana Code
Article 23. Conveyance of Property Interests Less Than Fee Simple
Chapter 11. Abandoned Railroad Rights-of-Way
32-23-11-1. Nonapplicability of Chapter
32-23-11-2. "Public Utility" Defined
32-23-11-3. "Railroad" Defined
32-23-11-4. "Right-of-Way" Defined
32-23-11-5. "Right-of-Way Fee" Defined
32-23-11-6. Abandoned Right-of-Way
32-23-11-7. Trail Use Condition Imposed
32-23-11-8. Sale of Railroad's Interest
32-23-11-9. Size of Interest Conveyed
32-23-11-10. Abandoned Interest to Vest in Fee Owner
32-23-11-11. Effect of Interest Vesting on Other Easement and License Holders
32-23-11-12. Limitation on Commencement of Action