Sec. 8. (a) A right-of-way is not considered abandoned if the following conditions are met:

(1) The railroad sells the railroad’s rights in the right-of-way before abandoning the right-of-way.

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Terms Used In Indiana Code 32-23-11-8

  • 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) The purchaser of the railroad’s rights in the right-of-way is not a railroad.

(3) The purchaser purchases the right-of-way for use by the purchaser to transport goods or materials by rail.

     (b) A railroad may discontinue rail service on the right-of-way without abandoning the right-of-way.

[Pre-2002 Recodification Citation: 32-5-12-8.]

As added by P.L.2-2002, SEC.8.