Section 32-23-11-6 - Abandoned right-of-way(a) Except as provided in subsection (b) and in sections 7 and 8 of this chapter, a right-of-way is considered abandoned if any of subdivisions (1) through (3) apply:(1) Before February 28, 1920, both of the following occurred:(A) The railroad discontinued use of the right-of-way for railroad purposes.(B) The rails, switches, ties, and other facilities were removed from the right-of-way.(2) After February 27, 1920, both of the following occur:(A) The Interstate Commerce Commission or the United States Surface Transportation Board issues a certificate of public convenience and necessity relieving the railroad of the railroad's common carrier obligation on the right-of-way.(B) The earlier of the following occurs: (i) Rails, switches, ties, and other facilities are removed from the right-of-way, making the right-of-way unusable for continued rail traffic.(ii) At least ten (10) years have passed from the date on which the Interstate Commerce Commission or the United States Surface Transportation Board issued a certificate of public convenience and necessity relieving the railroad of its common carrier obligation on the right-of-way.(3) The right-of-way was abandoned under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).(b) A right-of-way is not considered abandoned if:(1) rail service continues on the right-of-way; or(2) the railroad has entered into an agreement preserving rail service on the right-of-way.Pre-2002 Recodification Citation: 32-5-12-6.
As added by P.L. 2-2002, SEC.8.