Indiana Code 32-23-11-11. Effect of interest vesting on other easement and license holders
(b) This chapter does not deprive a public utility, communication company, cable television company, fiber optic company, or pipeline company of the use of all or part of a right-of-way if, at the time of abandonment, the company:
Terms Used In Indiana Code 32-23-11-11
- public utility: has the meaning set forth in Indiana Code 32-23-11-2
- 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
(2) has acquired an interest for use of all or part of the right-of-way.
(c) This chapter does not do the following:
(1) Limit the right of the owner of a right-of-way fee to demand compensation from a railroad or a utility for the value of an interest taken and used or occupied after abandonment.
(2) Grant to the owner of a right-of-way fee the right to obtain duplicative compensation from a utility or pipeline company for the value of the use of any portion of the right-of-way that is subject to the terms of an agreement previously entered into between the utility or pipeline company and the owner of the right-of-way fee. For purposes of this subdivision, “pipeline” does not include a coal slurry pipeline.
[Pre-2002 Recodification Citation: 32-5-12-11.]
As added by P.L.2-2002, SEC.8.