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IN SB0450

Bill

Status

Introduced

1/12/2017

Primary Sponsor

Rick Niemeyer

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Defines "rail carrier" using federal law (49 U.S.C. 10102(5)) and expands "corporation" to include foreign corporations, partnerships, and limited liability companies authorized to do business in Indiana.

  • Allows rail carriers incorporated in Indiana or authorized to do business in Indiana to exercise eminent domain to acquire property for railroad purposes, effective July 1, 2017.

  • Requires rail carriers to demonstrate that property will be used for a public use before exercising eminent domain authority.

  • Prohibits railroads from incorporating under Indiana law after June 30, 2017; existing railroads may incorporate under the Indiana Business Corporation Law or other applicable statutes.

  • Excludes railroad right-of-way and other railroad purposes acquired for federal-aid projects from certain state purchasing requirements, effective July 1, 2017.

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.

Last Action

Senator Charbonneau added as second author

1/24/2017

Committee Referrals

Civil Law1/12/2017

Full Bill Text

No bill text available