Sec. 8. If the department is unable to acquire necessary rail properties by purchase or otherwise, it may proceed to condemn all or any portion of such rail properties. In all condemnation proceedings, the legislative determination set forth in this chapter that the acquisition is for a public purpose and is reasonably necessary is prima facie evidence of the purpose and necessity.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.47.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 3. Railroads Generally
Chapter 1.5. State Rail Preservation Law
8-3-1.5-2. Authority of Indiana Department of Transportation
8-3-1.5-3. Financial Assistance for Continuance of Rail Service
8-3-1.5-4. Information to Be Provided to Department
8-3-1.5-5. Acquisition of Rail or Nonrail Property
8-3-1.5-6. Disposition of Property
8-3-1.5-7. Interstate Commerce Commission Certificate
8-3-1.5-9. Condemnation Procedure
8-3-1.5-10. Assuring Good Title
8-3-1.5-11. Sale of Rail Properties
8-3-1.5-12. Cooperation With Other States
8-3-1.5-13. Acquisition of Property by Political Subdivisions
8-3-1.5-15. Acquisition or Modernization Loans
8-3-1.5-16. Delinquent State Railroad Taxes; Offset Against Purchase Cost
8-3-1.5-17. Railroad Equipment; Acquisition
8-3-1.5-18. Contracts for Rebuilding and Maintaining Rail Properties
8-3-1.5-19. Contracts to Maintain or Improve Rail Transportation Service
8-3-1.5-20.5. Commuter Rail Service Fund
8-3-1.5-20.6. Electric Rail Service Fund
8-3-1.5-21. Chicago, South Shore, and South Bend Railway Capital Improvements Fund