CHAPTER 1. HIGHWAY CROSSINGS
IC 8-6
ARTICLE 6. RAILROAD CROSSINGS
IC 8-6-1
Chapter 1. Highway Crossings
IC 8-6-1-1
Investigations; numbering of crossings
Sec. 1. The Indiana department of transportation (referred to as
"the department" in this chapter) shall carefully investigate and
examine all the highway crossings of railroads in this state and to
make or cause to be made files and numbers of the highway
crossings, so that the crossings may be known and designated by
mileposts or otherwise, and referred to and considered, from time to
time, as may be necessary to carry out this chapter.
(Formerly: Acts 1913, c.182, s.1.) As amended by P.L.62-1984,
SEC.93; P.L.384-1987(ss), SEC.56; P.L.18-1990, SEC.70.
IC 8-6-1-2
Requisite information; forms; investigation
Sec. 2. The department shall secure from the several companies
owning or operating railroads throughout this state detailed and
specific information concerning the highway crossings along their
lines, outside the corporate limits of cities and incorporated towns in
this state, and, for that purpose, the department shall prepare and
submit to each of such companies blank forms indicating the various
items of information concerning such highway crossings upon which
the department desires to be advised. Such companies shall, within
six (6) months after the receipt of such blank forms by them
respectively, fill out the same with the complete information
requested and return to the department a separate blank form so filled
out for each such highway crossing, accompanied by a photograph
of each separate crossing so described. The department shall then
proceed to examine the conditions of each highway crossing and
ascertain which of the same should, under all the circumstances, be
separated, and, to that end, the department may employ a civil
engineer and such expert assistance as is necessary to make such
investigation.
(Formerly: Acts 1913, c.182, s.2.) As amended by P.L.384-1987(ss),
SEC.57.
IC 8-6-1-3
Surveys and reports
Sec. 3. The department may require to be made ocular or
instrumental surveys or reports and examinations, as may be deemed
expedient, and the department shall carefully examine and consider
the files, reports, and surveys of each of said highway crossings in
this state, with reference to:
(1) separation of the grade, the purpose being to separate as
rapidly as practicable grade crossings in this state; and
(2) a better location and consolidation of the crossings, the
purpose being to have all crossings at right angles if possible.
(Formerly: Acts 1913, c.182, s.3.) As amended by P.L.384-1987(ss),
SEC.58.
IC 8-6-1-4
Hearings on location and construction; orders
Sec. 4. Whenever the department shall come to the conclusion,
whether on account of the topography of the ground at the crossings,
or on account of the great number of travelers using any crossing of
a highway and railroad, or for any reason deemed by the department
to be sufficient, that the grades of such crossing should be separated,
and it shall be found practicable to do so, the department shall serve
with notice the railroad company or companies, and also serve with
notice the board of commissioners of the county or counties in which
such highway crossing is located. Said notice shall set out that the
department, on the day named, will consider the matter of separation
of the grades at such crossing and the department shall have
jurisdiction of the parties and the subject matter in said proceedings
and shall hear and determine the matter. If satisfied that said crossing
is dangerous to life and that safety and the accommodation of the
public requires that the grades be separated, and that it is practicable
to separate said grades, the department may so order. The department
shall, in said order, prescribe the manner in which such separation
shall be accomplished. The cost of such separation shall be borne
one-fourth (1/4) by the county and counties in which such grade is
separated and three-fourths (3/4) by the railroad company or
companies, and whenever the department may order any such grades
separated, it may, if it shall deem it best, relocate or consolidate
highway crossings over railroads, street railroads, interurban street
railroads, or suburban street railroads in this state, and may relocate
or consolidate highways leading to any such crossing. If any of the
parties to such proceeding fail or refuse to obey the orders of the
department, the department may proceed, in any circuit or superior
court of any one (1) of the counties in which said highway crossing
may be located, to enforce its orders. The provisions of this section
shall not apply to cities of over twenty thousand (20,000) population.
(Formerly: Acts 1913, c.182, s.4; Acts 1915, c.75, s.1.) As amended
by P.L.62-1984, SEC.94; P.L.384-1987(ss), SEC.59; P.L.81-1996,
SEC.1.
IC 8-6-1-5
Repealed
(Repealed by P.L.384-1987(ss), SEC.95.)
IC 8-6-1-6
Maximum or ruling grade; exceeding
Sec. 6. In any case of grade separation under the provisions of this
chapter, no plan shall be adopted by the department or order made
requiring a grade of any railroad track that shall exceed the
established maximum or ruling grade governing the operation of that
division or part of the railroad on which separation of grades is to be
made without the consent of the company operating said railroad; nor
shall the track or tracks of the companies concerned be required to
be placed below high-water mark at the point where such change is
made.
(Formerly: Acts 1913, c.182, s.6.) As amended by P.L.62-1984,
SEC.96; P.L.384-1987(ss), SEC.60.
IC 8-6-1-7
Relocation or consolidation of crossings; hearing on establishment
or extension of highway at grade over railroad; construction of
new railroad
Sec. 7. (a) Whenever the department finds it best to relocate or to
consolidate highway crossings over railroads in this state, it has
jurisdiction for that purpose, and may serve the board of county
commissioners and the railroad companies with notice, and shall
proceed to hear and determine said matters, and thereupon make such
orders as, in the opinion of the department, are necessary to make the
said relocation or consolidation effective. Such orders shall be
binding upon the parties so served with the notice, and if not
observed by them within the time prescribed in said orders, the
department shall proceed as provided in section 4 of this chapter to
enforce such orders.
(b) Whenever it shall be desired to establish or extend a highway
at grade over any railroad in this state, it shall be necessary, before
establishing or extending the highway, that the petitioners shall, by
a procedure to be prescribed by the department, petition to obtain the
authority of the department under IC 8-6-7.7-3.4. The grant or refusal
of authority therefor by the department shall be final and conclusive
except as provided in this chapter.
(c) Whenever it shall be desired by any railroad company to
construct a new railroad at grade over any public highway or
highways in this state, it shall be necessary for a company, by a
procedure to be prescribed by the department, to petition to obtain
the authority of the department under IC 8-6-7.7-3.4, but it shall not
be necessary to obtain such authority when such new railroad has
secured its rights of way or is under construction. The grant or
refusal of such authority shall be final and conclusive, except as
provided in this chapter. Nothing herein shall prevent the department
from subsequently altering or rescinding any grant or refusal of
authority to construct such highway or railway, if, in its discretion,
such alteration should be made.
(Formerly: Acts 1913, c.182, s.7.) As amended by P.L.62-1984,
SEC.97; P.L.384-1987(ss), SEC.61; P.L.81-1996, SEC.2.
IC 8-6-1-8
Number of crossings; determination
Sec. 8. In determining the number of grade crossings the
separation of which may be required under the provisions of this
chapter, the railroad companies, street railroad, interurban street
railroad, or suburban street railroad companies operating the lines of
railway shall alone be considered, whether such lines are operated
under the ownership of such companies or by lease, operating
contract or otherwise. The number of miles so operated shall be
determined by the length of the occupied main track right of way,
regardless of the number of tracks operated thereon.
(Formerly: Acts 1913, c.182, s.8.) As amended by P.L.62-1984,
SEC.98.
IC 8-6-1-9
Consent to construction
Sec. 9. No railroad shall construct a railroad across a public
highway at grade outside of the limits of any city or town without
obtaining the written consent of the department required by section
7 of this chapter and by IC 8-6-7.7-3.4.
(Formerly: Acts 1913, c.182, s.10.) As amended by P.L.384-1987(ss),
SEC.62; P.L.81-1996, SEC.3.