Indiana Code
Chapter 2.1. Railroad Grade Crossing Separations
8-6-2.1-16. Costs to Be Borne by Parties in Interest

Sec. 16. (a) The total cost of the improvement to be borne by all the parties in interest includes the following:
(1) The cost of constructing the grade elimination structure and the cost of raising or lowering the grade, or other alteration of any public highway, the construction or reconstruction of the pavement, including sidewalks and curbs, and the alteration, relocation and construction of drains or sewers required by the improvement.
(2) The cost of elevation, depression, alteration, removal, relocation, construction and reconstruction of any railroad track or tracks and other facilities within or without the city.
(3) The cost of any land, right-of-way, or other property required for the improvement.
(4) The amount of damages, if any, recoverable under law by any person due to the improvement.
(5) The compensation for services of the special engineer and additional engineering force, and of special counsel, if any, employed by the board, all of whom the board may employ.
(6) The cost of supervision and inspection, the giving of notices, and all other expense necessarily incurred by the board in connection with the proceedings and improvement.
(b) The total cost to be borne by all the parties in interest does not include the expense of opening new or additional highways, or the expense of establishing additional lanes of traffic to any highways, or the expense of providing rights-of-way or other facilities which represent an enlargement of or betterments to the facilities of any railroad affected by the improvement.
[Pre-Local Government Recodification Citation: 19-5-14-16.]
As added by Acts 1980, P.L.8, SEC.70.

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