Sec. 8. (a) A right-of-way is not considered abandoned if the following conditions are met:
(1) The railroad sells the railroad's rights in the right-of-way before abandoning the right-of-way.
(2) The purchaser of the railroad's rights in the right-of-way is not a railroad.
(3) The purchaser purchases the right-of-way for use by the purchaser to transport goods or materials by rail.
(b) A railroad may discontinue rail service on the right-of-way without abandoning the right-of-way.
[Pre-2002 Recodification Citation: 32-5-12-8.]
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