Sec. 10. (a) This section applies if a
railroad does not own the
right-of-way fee.
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Terms Used In Indiana Code 32-23-11-10
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- railroad: refers to a railroad company. See Indiana Code 32-23-11-3
- right-of-way: means a strip or parcel of real property in which a railroad has acquired an interest for use as a part of the railroad's transportation corridor. See Indiana Code 32-23-11-4
(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.
