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IN HB1260
Bill
Status
4/24/2017
Primary Sponsor
Edmond Soliday
Click for details
AI Summary
HEA 1260 - Summary
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Effective July 1, 2017, expands who may exercise eminent domain for railroad purposes to include rail carriers incorporated in Indiana or authorized to do business in Indiana, not just railroads organized under Indiana statutes.
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Adds definitions to IC 8-4-1 establishing that "corporation" includes foreign corporations, partnerships, and limited liability companies authorized to do business in Indiana; "rail carrier" has the meaning in 49 U.S.C. 10102(5); and "railroad" includes a rail carrier.
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Prohibits new railroads from incorporating under IC 8-4-1 after June 30, 2017, though existing railroads and rail carriers may continue to use the chapter's provisions for land acquisition and condemnation.
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Requires rail carriers exercising eminent domain to demonstrate the property will be used for public purposes as authorized by their charter and maintains restrictions on condemnation authority.
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Streamlines eminent domain appeal procedures by removing the requirement for defendants appealing interlocutory orders to file appeal bonds with the circuit court clerk.
Legislative Description
Railroads and eminent domain. Defines "corporation", "rail carrier", and "railroad". Specifies that eminent domain may be exercised by a rail carrier incorporated in Indiana or authorized to do business in Indiana, and prescribes the manner in which a railroad (including a rail carrier) may incorporate. Requires a rail carrier to demonstrate that property will be used for a public use before the carrier may use eminent domain to take the property. Eliminates the provisions in the law under which a defendant in an eminent domain proceeding who appeals an interlocutory order overruling the defendant's objections to the proceeding is required
Last Action
Public Law 146
4/24/2017