Indiana Code
Chapter 2.1. Railroad Grade Crossing Separations
8-6-2.1-9. Notice of Adoption of Resolution or Alteration of Grade; Remonstrances

Sec. 9. (a) Upon the adoption of the resolution for separation or alteration of grades, the board shall cause notice of the adoption and intention, and of the fact that the maps, plans, specifications, agreements and estimates have been prepared and can be inspected, to be published in accordance with IC 5-3-1. The notice shall name a day not less than twenty (20) days after the date of the last publication on which the board will receive or hear remonstrances from persons interested in or affected by the proceedings, and when it will determine the public necessity and convenience of the project.
(b) A like notice shall be sent by mail to the owners of all lands to be appropriated under and by the resolution, and in case any landowner is a nonresident and the nonresident owner's place of residence is known, a like notice shall be mailed to the nonresident owner, but in event the nonresident owner's residence is unknown by the board, then the nonresident owner is considered to have been notified of the pendency of the proceedings by the publication of notice. A like notice shall also be served on a resident agent or officer of any railroad company or street railway company whose tracks are affected by the proceeding, but failure to serve the notice shall not invalidate the jurisdiction of the board in the premises.
(c) If the Indiana department of transportation and the county in which the city is located participate in the proceedings, then a like notice shall be served upon the Indiana department of transportation and upon the board of commissioners of the county.
[Pre-Local Government Recodification Citation: 19-5-14-9.]
As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.38.

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