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IN SB0450
Bill
Status
1/12/2017
Primary Sponsor
Rick Niemeyer
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AI Summary
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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.
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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.
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Requires rail carriers to demonstrate that property will be used for a public use before exercising eminent domain authority.
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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.
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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