Indiana § 8-4-33-5 - Farm crossings; constructing gates and bars

§ 8-4-33-5. Farm crossings; constructing gates and bars

Sec. 5. All gates and bars at farm crossings, shall, in the absence of a contract or agreement to the contrary, be constructed and maintained and kept closed by the owner of such farm crossing.

Formerly: Acts 1885(ss), c.91, s.5.

IC 8-4-34Chapter 34. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-4-35Chapter 35. RepealedRepealed by P.L.40-1995, SEC.5.

IC 8-4.5ARTICLE 4.5. TRANSPORTATION CORRIDOR PLANNING

Ch. 1.Definitions Ch. 2.Repealed Ch. 3.Transportation Corridor Use Master Plan Ch. 4.Acquisition of Abandoned Rights-of-Way by the State Ch. 5.Recreational Trails Program Ch. 6.Local Participation in Establishment of Recreational Trails Ch. 7.Expired

IC 8-4.5-1Chapter 1. Definitions

8-4.5-1-1Applicability of chapter 8-4.5-1-2"Applicant" 8-4.5-1-3Repealed 8-4.5-1-4"Commissioner" 8-4.5-1-5"Departments" 8-4.5-1-6"Director" 8-4.5-1-7"Executive" 8-4.5-1-8"Fund" 8-4.5-1-9"Governmental entity" 8-4.5-1-10"Legislative body" 8-4.5-1-11"Municipality" 8-4.5-1-12"Political subdivision" 8-4.5-1-13"Program" 8-4.5-1-14"Property owner" 8-4.5-1-15"Public utility" 8-4.5-1-16"Recreational trail" 8-4.5-1-17"Responsible party" 8-4.5-1-18Repealed 8-4.5-1-19Repealed

IC 8-4.5-1-1Applicability of chapter Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-2"Applicant" Sec. 2. "Applicant" refers to an applicant for a grant under IC 8-4.5-5.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-3RepealedAs added by P.L.40-1995, SEC.3. Repealed by P.L.113-2010, SEC.170.

IC 8-4.5-1-4"Commissioner" Sec. 4. "Commissioner" refers to the commissioner of the Indiana department of transportation appointed under IC 8-23-2-2.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-5"Departments" Sec. 5. "Departments" refers to the Indiana department of transportation and the department of natural resources acting jointly under this article.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-6"Director" Sec. 6. "Director" refers to the director of the department of natural resources appointed under IC 14-9-2-1.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-7"Executive" Sec. 7. "Executive" has the meaning set forth in IC 36-1-2-5.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-8"Fund" Sec. 8. "Fund" refers to the transportation corridor fund established by IC 8-4.5-3-7.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-9"Governmental entity" Sec. 9. "Governmental entity" refers to any of the following:

(1) An agency or instrumentality of the state.

(2) A political subdivision.

(3) An agency or instrumentality of a political subdivision.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-10"Legislative body" Sec. 10. "Legislative body" has the meaning set forth in IC 36-1-2-9.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-11"Municipality" Sec. 11. "Municipality" has the meaning set forth in IC 36-1-2-11.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-12"Political subdivision" Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-13"Program" Sec. 13. "Program" refers to the recreational trails program established by IC 8-4.5-5.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-14"Property owner" Sec. 14. "Property owner" refers to a person that:

(1) owns property adjacent to a recreational trail; and

(2) is not a responsible party.

For purposes of this section, a person that satisfies both subdivisions (1) and (2) is a property owner even if the person owns any part of a fee simple interest in the corridor.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.1.

IC 8-4.5-1-15"Public utility" Sec. 15. "Public utility" has the meaning set forth in IC 8-1-8.5-1.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-16"Recreational trail" Sec. 16. "Recreational trail" means a trail or path that:

(1) includes a corridor along any part of its length;

(2) is intended to be used for:

(A) bicycling;

(B) exercising;

(C) hiking;

(D) running;

(E) riding:

(i) in or on a vehicle of any kind, regardless of the means of propelling the vehicle; or

(ii) on any animal;

(F) walking; or

(G) any other recreational purpose; and

(3) is funded through the recreational trails program under IC 8-4.5-5.

However, the term does not include a highway, street, or road (as defined in IC 8-23-1.1-22).

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.2; P.L.164-2020, SEC.25; P.L.145-2026, SEC.32.

IC 8-4.5-1-17"Responsible party" Sec. 17. "Responsible party" means the person or governmental entity that is responsible for operating a recreational trail.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-1-18RepealedAs added by P.L.40-1995, SEC.3. Repealed by P.L.158-1999, SEC.21.

IC 8-4.5-1-19RepealedAs added by P.L.40-1995, SEC.3. Repealed by P.L.158-1999, SEC.21.

IC 8-4.5-2Chapter 2. RepealedRepealed by P.L.113-2010, SEC.170.

IC 8-4.5-3Chapter 3. Transportation Corridor Use Master Plan

8-4.5-3-1Duties of departments 8-4.5-3-2Repealed 8-4.5-3-3Updated list of priorities 8-4.5-3-4Petition regarding corridor identified for preservation 8-4.5-3-5Petition regarding corridor not identified for preservation 8-4.5-3-6Reports 8-4.5-3-7Transportation corridor fund

IC 8-4.5-3-1Duties of departments Sec. 1. (a) The departments annually shall do the following:

(1) Prepare a list of existing rights-of-way that might be abandoned during the following year.

(2) Set priorities for potential future uses of rights-of-way consistent with the Indiana department of transportation's comprehensive transportation plan and the department of natural resources trail system plan.

(3) Contact each railroad owner that holds an interest in a corridor in Indiana to assess the status and any issues concerning corridors that may be abandoned.

(b) The Indiana department of transportation annually, in consultation with affected state and local agencies, shall prepare a list of corridors for preservation.

As added by P.L.40-1995, SEC.3. Amended by P.L.59-2005, SEC.1; P.L.133-2012, SEC.56.

IC 8-4.5-3-2RepealedAs added by P.L.40-1995, SEC.3. Repealed by P.L.133-2012, SEC.57.

IC 8-4.5-3-3Updated list of priorities Sec. 3. The departments annually shall update the list prepared under section 1(1) of this chapter and the priorities set under section 1(2) of this chapter based on the following:

(1) Annual system diagram map and supplemental information submitted to the state agencies identifying potential abandonment applications.

(2) Changes in local agency interest.

(3) Availability of funds.

(4) Possible future uses for rail, transit, highway, bicycle, pedestrian, utility, communication, or recreation corridors.

As added by P.L.40-1995, SEC.3. Amended by P.L.133-2012, SEC.58.

IC 8-4.5-3-4Petition regarding corridor identified for preservation Sec. 4. The Indiana department of transportation shall file a petition with the United States Surface Transportation Board for public use conditions on a corridor that has been identified for preservation under this chapter.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.4; P.L.133-2012, SEC.59.

IC 8-4.5-3-5Petition regarding corridor not identified for preservation Sec. 5. The Indiana department of transportation, in cooperation with any of the following, may file a petition with the United States Surface Transportation Board for public use conditions on any corridor not described in section 4 of this chapter and for which a petition has been filed:

(1) The department of natural resources.

(2) Local government agencies.

(3) Statewide utility associations.

(4) Nonprofit special interest groups.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.5.

IC 8-4.5-3-6Reports Sec. 6. The departments annually shall assemble a written report containing the following information:

(1) A description of the rights-of-way that have been abandoned during the previous year. This description is not required to include the legal description of any of the rights-of-way.

(2) Any property that has been purchased under the program.

(3) Sources of funds for the program.

(4) Other information that the departments consider relevant.

As added by P.L.40-1995, SEC.3. Amended by P.L.133-2012, SEC.60.

IC 8-4.5-3-7Transportation corridor fund Sec. 7. (a) The transportation corridor fund is established to provide money for the purposes of this article. The fund shall be administered by the Indiana department of transportation.

(b) Expenses of administering the fund shall be paid from money in the fund. The fund consists of the following:

(1) All federal money received by the state that may be used for the purposes of this article and that is allocated by the Indiana department of transportation.

(2) Revenue derived from recreational trails under IC 8-4.5-6.

(3) Contributions made for the purposes of this article.

(4) Appropriations made by the general assembly.

(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest earned from these investments shall be credited to the fund.

(d) Except for money appropriated from the state general fund, money in the fund at the end of a state fiscal year does not revert to the state general fund. Unexpended appropriations from the state general fund revert to the state general fund at the end of a state fiscal year.

(e) Money in the fund is appropriated for the purposes of this article.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-4Chapter 4. Acquisition of Abandoned Rights-of-Way by the State

8-4.5-4-1Acquisition of railroad's interest 8-4.5-4-1.5Assistance in acquisition of railroad's interest 8-4.5-4-2Purposes of acquisition 8-4.5-4-3County meeting to consider acquisitions 8-4.5-4-4Factors to be considered 8-4.5-4-5Repealed 8-4.5-4-6Acquisition 8-4.5-4-7Deposit of revenues 8-4.5-4-8Acquisition for recreational purpose

IC 8-4.5-4-1Acquisition of railroad's interest Sec. 1. The Indiana department of transportation shall determine whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6; P.L.59-2005, SEC.2.

IC 8-4.5-4-1.5Assistance in acquisition of railroad's interest Sec. 1.5. The board shall advise and assist the Indiana department of transportation in matters concerning the acquisition of a railroad's interest in a corridor under this chapter.

As added by P.L.59-2005, SEC.3.

IC 8-4.5-4-2Purposes of acquisition Sec. 2. The state may acquire any part of a railroad's interest in a corridor under this chapter for any of the following purposes:

(1) A present or future rail line.

(2) A transportation corridor.

(3) A communication corridor.

(4) A trail.

(5) A utility corridor.

(6) The preservation of a railroad corridor.

(7) Any combination of purposes described in subdivisions (1) through (6).

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.7; P.L.164-2020, SEC.26.

IC 8-4.5-4-3County meeting to consider acquisitions Sec. 3. (a) The Indiana department of transportation shall hold at least one (1) public meeting in a county through which the corridor passes before determining whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. Notice of the meeting must be given in accordance with IC 5-14-1.5.

(b) In addition to the notice requirements of IC 5-14-1.5, the department shall give notice of a meeting under this section to the following:

(1) The county commissioners of each county through which the railroad's interest in the proposed abandoned corridor passes.

(2) The legislative body of each city or town:

(A) through which the railroad's interest in the corridor passes; or

(B) that is within one (1) mile of any part of the railroad's interest in the corridor.

(3) The railroad that proposes to abandon the railroad's interest in the corridor.

(4) The Indiana utility regulatory commission.

Notice must be given to the persons described in subdivisions (1) through (4) not later than the date notice is required to be published under IC 5-14-1.5.

(c) The department may hold additional meetings before making a determination under this chapter.

(d) The department shall hold a meeting under this section in each county through which the railroad's interest in the corridor passes.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.8; P.L.59-2005, SEC.4.

IC 8-4.5-4-4Factors to be considered Sec. 4. In determining whether the state should acquire any part of a railroad's interest in a corridor, the Indiana department of transportation shall consider the following factors:

(1) The potential for future use of the railroad's interest in the corridor as a freight or high-speed passenger rail line, considering the following:

(A) The potential need for use of the railroad's interest in the corridor for future transportation purposes.

(B) The cost of maintaining the railroad's interest in the corridor during any time before the future transportation use will begin.

(C) The effect of any interim use and the future transportation use of the railroad's interest in the corridor on property owners.

(D) Any relevant requirement of any federal law.

(E) Any other factor the department considers relevant.

(2) Based on the recommendation of the department of natural resources, the potential for recreational use of the railroad's interest in the corridor considering the following:

(A) The recreational value of the railroad's interest in the corridor.

(B) The feasibility of using the railroad's interest in the corridor for recreation.

(C) The likelihood that there may be significant recreational use of the railroad's interest in the corridor if the railroad's interest in the corridor is converted to a trail.

(D) The general acceptability of the proposed recreational use of the railroad's interest in the corridor to property owners and the community at large.

(E) The existence of a willing person, whether public or private, to operate the railroad's interest in the corridor for the proposed recreational use.

(F) Any relevant requirement of any federal law.

(G) Any other factor the department considers relevant.

(3) The potential for the use of the railroad's interest in the corridor for communications or utility use.

(4) Whether there are funds to acquire the railroad's interest in the corridor.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.9; P.L.164-2020, SEC.27.

IC 8-4.5-4-5RepealedAs added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.10. Repealed by P.L.59-2005, SEC.5.

IC 8-4.5-4-6Acquisition Sec. 6. (a) If:

(1) a determination is made under this chapter to acquire the railroad's interest in the corridor; and

(2) money is available in the fund;

the state shall acquire the railroad's interest in the corridor under IC 4-20.5-3.

(b) An acquisition by the state under this chapter does not deprive a public utility of the use of all or part of the railroad's interest in the corridor, if, at the time of acquisition:

(1) the public utility is occupying and using all or part of the railroad's interest in that corridor for the location and operation of its facilities; or

(2) the public utility has acquired an interest for use of all or part of the railroad's interest in the corridor.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.11.

IC 8-4.5-4-7Deposit of revenues Sec. 7. If the state acquires any interest in the corridor under this article, all revenues from a railroad's interest in a corridor acquired under this chapter, including payments derived from public utility or other easements, must be deposited in the fund.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.12.

IC 8-4.5-4-8Acquisition for recreational purpose Sec. 8. If a railroad's interest in a corridor is acquired under this chapter for a recreational purpose, the railroad's interest in the corridor may be developed and operated under IC 8-4.5-5.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.13; P.L.164-2020, SEC.28.

IC 8-4.5-5Chapter 5. Recreational Trails Program

8-4.5-5-1Purpose and administration 8-4.5-5-2Grant eligibility 8-4.5-5-3Duties of applicant 8-4.5-5-4Application 8-4.5-5-5Eligibility criteria 8-4.5-5-6Permitted costs 8-4.5-5-7Prohibited costs 8-4.5-5-8Waiver of specified costs 8-4.5-5-9Waiver for acquisition of real property 8-4.5-5-10Request for preconstruction costs 8-4.5-5-11Review and evaluation of applications 8-4.5-5-12Funding commitments 8-4.5-5-13Funding by board 8-4.5-5-14Unexpended funds 8-4.5-5-15Limitations on reimbursement 8-4.5-5-16Project agreement 8-4.5-5-17Reimbursement of actual project costs 8-4.5-5-18Real property acquisitions 8-4.5-5-19Audits 8-4.5-5-20Revocation or repayment of funds 8-4.5-5-21Abandoned projects

IC 8-4.5-5-1Purpose and administration Sec. 1. (a) The recreational trails program is established.

(b) The purpose of the program is to provide funding and other support for the acquisition, construction, or improvement of recreational trails open for public use or trails that will be dedicated to public use upon completion.

(c) The department of natural resources shall administer the program.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-2Grant eligibility Sec. 2. (a) The following are eligible to receive a grant under this chapter:

(1) A state agency.

(2) A political subdivision.

(3) A nonprofit organization.

(b) The following may not receive a grant under this chapter:

(1) A private trail project.

(2) A project for a private purpose.

(3) A private business.

(4) A developer.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-3Duties of applicant Sec. 3. (a) An applicant shall complete and submit an application as prescribed by the department of natural resources.

(b) An applicant may submit more than one (1) application in a state fiscal year.

(c) Two (2) or more eligible applicants may submit a joint application. A joint application must designate a lead applicant to serve as the principal contact with the department of natural resources.

(d) The department of natural resources may not consider an application under this chapter until the department determines that the requirements for approval of a recreational trail under IC 8-4.5-6 have been satisfied.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-4Application Sec. 4. (a) An application must contain the following information:

(1) The information required by IC 8-4.5-6-3.

(2) The applicant's name, mailing address, and telephone number.

(3) The name, mailing address, and telephone number of an individual who will serve as liaison with the department of natural resources.

(4) A time schedule for the total trail project with the applicant's written assurance of project completion as scheduled.

(5) An adequate justification for the project based on the project eligibility criteria in section 5 of this chapter and the evaluation criteria in section 11 of this chapter.

(6) A written assurance from the applicant that the total trail used to justify the project will be adequately maintained and made available for the intended public use for at least twenty (20) years after completion of the project, except as approved by the board.

(7) The amount of the grant requested from the fund. The application may offer a matching fund contribution larger than is required.

(8) A certified copy of the following:

(A) If the entire project will be located within a municipality, an ordinance adopted by the legislative body of the municipality under IC 8-4.5-6-4 that includes a consent to approval of the grant application.

(B) If clause (A) does not apply, an ordinance adopted by the legislative body of each county in which any part of the project will be located under IC 8-4.5-6-4 that includes a consent to approval of the grant application.

(b) An application that is considered but not funded in a fiscal year may be resubmitted for consideration in the next fiscal year.

(c) An applicant may submit a request for a time schedule adjustment. A time schedule adjustment may be approved by the department of natural resources if the project involves unusually complex studies, extensive real estate negotiations, extensive analyses for environmental clearances, complex planning for associated developments, or other compelling reasons.

(d) An applicant may withdraw an application at any time.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-5Eligibility criteria Sec. 5. A proposed project must meet all of the following eligibility criteria:

(1) The project must be part of a local, an areawide, a regional, or a statewide plan.

(2) The trail route must be designed in a reasonably safe manner and to allow enjoyment of scenic views or points of historical interest. The route may use:

(A) existing roads, streets, or parkways if the normal flow of motor vehicle traffic will not be hindered;

(B) abandoned railroad corridors;

(C) water corridors, such as river levees and canal tow-paths;

(D) utility corridors; or

(E) new rights-of-way, if necessary.

(3) The project must include a contribution of at least twenty percent (20%) matching funds. Matching funds must be from sources other than the program. Matching funds may not include other grants from state agencies or the provision of in kind services. The value of donated real property may be used to satisfy the matching fund requirement if both of the following apply:

(A) The real property is donated after the board's funding commitment.

(B) The value is based on a real estate appraisal acceptable to the department of natural resources. The appraisal is subject to review and approval by the department of natural resources after a funding commitment has been made.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-6Permitted costs Sec. 6. The following costs may be paid from a grant made under this chapter:

(1) Real property acquisition costs, including appraisal costs and negotiation costs.

(2) Trail surfacing, resurfacing, rehabilitation, modernization, upgrading, and reconstruction, including pavement repairs and overlays and shoulder widening and stabilization.

(3) Initial trail construction, including grading, drainage, paving, and erosion control.

(4) Bridge and culvert repair, modernization, replacement, or initial construction.

(5) Roadway intersection and interchange improvements, including warranted traffic signals that are an integral part of the project.

(6) Construction or improvement of rest areas, information centers, waysides, permanent interpretive displays, lighting, and restrooms, including the costs of utility connections that are an integral part of the project.

(7) Design engineering and construction inspection costs directly associated with the project.

(8) Storm drainage and storm sewer costs to the extent needed for draining the trail.

(9) Utility relocation costs necessary for trail construction or improvement if the utility is not located on a public road.

(10) Trail signs, fencing, landscaping, parking areas, and walkways.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-7Prohibited costs Sec. 7. The following costs may not be paid from a grant made under this chapter:

(1) Any cost incurred before approval by the board of funding for a project.

(2) Routine maintenance of a trail, bridge, culvert, fence, or sign.

(3) Winter maintenance of a trail or bridge, including snow plowing, sanding, or salting.

(4) Overhead and operating costs associated with a project, such as auditing, legal, and administrative costs.

(5) Expenses associated with the preparation and submission of a project application.

(6) Predesign engineering and planning expenses.

(7) Utility costs other than those described in section 6 of this chapter.

(8) Pavement markings, traffic signs, safety appurtenances, or lighting, except as an integral part of a trail project.

(9) Purchase of office furnishings or equipment, construction equipment, or personal property.

(10) Sanitary sewers or water mains, except as necessary for restroom construction.

(11) General government expenses and expenses associated with the provision of any public service that are not otherwise eligible for project funding.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-8Waiver of specified costs Sec. 8. (a) Notwithstanding section 7 of this chapter, the board may grant a waiver from section 7 of this chapter for specified costs.

(b) An applicant must make a written request for a waiver under this section.

(c) If the board grants a waiver, the applicant may make the specified expenditure. Approval of a waiver does not imply or guarantee that a subsequent application will be approved.

(d) Unless an applicant requests an advance waiver and the request is approved before an expenditure, any costs incurred before a waiver is granted may not be reimbursed from a grant under this chapter.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-9Waiver for acquisition of real property Sec. 9. (a) Notwithstanding section 7(1) of this chapter, if there is extreme urgency involving real property acquisition, the board may grant an applicant's request for a waiver to acquire the real property immediately.

(b) A request for a waiver under subsection (a) must be in writing and include all of the following:

(1) Justification for the urgency of the acquisition.

(2) A description of the real property to be acquired.

(3) A county map showing the location of the real property to be acquired.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-10Request for preconstruction costs Sec. 10. (a) The board may grant an applicant's request for preconstruction project planning design and development costs.

(b) A request submitted under subsection (a) must be in writing.

(c) The board may not grant a request under subsection (a) if the total design and development expenditure exceeds fifteen percent (15%) of the total construction costs for the project.

(d) The board shall require adequate documentation of eligible costs before approving reimbursement under this section.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-11Review and evaluation of applications Sec. 11. (a) The board:

(1) shall review each application;

(2) may verify the contents of an application; and

(3) may visit the trail site that is the subject of an application.

(b) The board shall evaluate each complete application on the basis of the following criteria:

(1) Whether the predicted use of the trail justifies the construction and maintenance costs.

(2) Need, in terms of the population to be served and existing trails in the area.

(3) Compatibility with local, areawide, regional, or statewide plans.

(4) The acceptability of the proposed trail to property owners.

(5) The general acceptability of the proposed trail to the community at large.

(6) Benefits of multiple uses and recreational opportunities.

(7) Quality of the site.

(8) Economic benefits to the local area.

(9) Accessibility for persons with disabilities.

(10) Interference with any existing public utility use.

(11) Other criteria set by the board.

(c) The board shall determine the applicants to whom grants will be awarded.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.14.

IC 8-4.5-5-12Funding commitments Sec. 12. The board is solely responsible for all funding commitments and shall determine which projects are funded, subject to availability of money in the fund.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-13Funding by board Sec. 13. (a) The board may approve, modify, or deny an application for funds.

(b) The board may fund all or part of a project.

(c) The board may condition funding upon the applicant's adherence to a time schedule or to fulfillment of an agreement.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-14Unexpended funds Sec. 14. The board is not required to commit all funds available during a fiscal year. The board may reserve unexpended or repaid money for the next programming cycle or for anticipated present or future project needs or for other contingencies.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-15Limitations on reimbursement Sec. 15. Project costs that exceed the amount granted by the board may not be reimbursed from the fund or the state general fund. Reimbursement of project costs is limited to the percentage match approved by the board and actual eligible project costs incurred.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-16Project agreement Sec. 16. (a) After the board has approved funding for a project, the department of natural resources and the applicant must execute a project agreement.

(b) Except as provided in subsection (d), the agreement shall specify the responsibilities for project planning, design, real property acquisition, contracting, construction and materials inspection, and documentation and the criteria for each.

(c) The agreement shall specify the overall funding level approved and contain an estimated budget for eligible work items.

(d) The agreement shall specify that the department of natural resources shall assume control of the trail if the project fails because the applicant breaches the agreement.

(e) An entity having jurisdiction over a road shall administer a project located on a road. The entity by agreement may delegate part or all of this responsibility.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-17Reimbursement of actual project costs Sec. 17. (a) Actual eligible project costs incurred as specified in the agreement, not to exceed the amounts authorized by the project agreement, must be reimbursed.

(b) Project expenditures incurred after the board has made a funding commitment but before execution of the agreement may be reimbursed if prior written authorization is obtained from the department of natural resources and a project agreement is subsequently executed. However, reimbursement may not be paid until the project agreement has been executed.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-18Real property acquisitions Sec. 18. (a) Real property may be acquired by lease, by easement, or in fee simple.

(b) If real property is acquired in fee simple, title must be taken in the name of the state.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-19Audits Sec. 19. The department of natural resources may audit all project costs incurred for compliance with the agreement, including costs that are part of the matching contribution.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-20Revocation or repayment of funds Sec. 20. The board may revoke funding commitments or seek repayment of funds loaned or granted, or take both actions, if any of the following are true:

(1) The terms of the project agreement have not been fulfilled.

(2) The department of natural resources finds that the application contained inaccuracies, omissions, errors, or misrepresentations.

(3) The time schedule for project completion was misrepresented or has not been maintained.

(4) The authority fails to comply with section 4(a)(7) of this chapter.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-5-21Abandoned projects Sec. 21. (a) If a project is completed and later abandoned, the department shall inform the board as soon as is reasonably possible.

(b) After the board receives notification under subsection (a), the board shall consider all possible uses by the state, including continued abandonment of the corridor.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-6Chapter 6. Local Participation in Establishment of Recreational Trails

8-4.5-6-1Authorization 8-4.5-6-2Places to file 8-4.5-6-3Information to be filed 8-4.5-6-4Ordinances for authorization and regulation 8-4.5-6-5Liability for injury 8-4.5-6-6Erection of fence 8-4.5-6-7Determination by governmental entity

IC 8-4.5-6-1Authorization Sec. 1. (a) Subject to this chapter, a corridor may be used for a recreational trail.

(b) A recreational trail may not be authorized under this chapter to be used by motorized vehicles except for the following:

(1) Vehicles used to maintain or provide security for the trail.

(2) Vehicles used by persons with disabilities.

(c) A recreational trail may be authorized under this chapter on any part of a corridor that has rail traffic with the consent of the rail traffic operator and owner after consideration of appropriate and safe design and operation.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.15.

IC 8-4.5-6-2Places to file Sec. 2. Before a corridor in any part of a county may be converted for use as a recreational trail, a responsible party must file the information required by section 3 of this chapter with the following:

(1) The department of natural resources.

(2) If any part of the recreational trail is intended to be located in a municipality, with the executive of the municipality.

(3) If any part of the recreational trail is intended to be located on property not within a municipality, with the county executive of any county in which the recreational trail is intended to be located.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.16.

IC 8-4.5-6-3Information to be filed Sec. 3. A responsible party must file the following information under section 2 of this chapter:

(1) A description and map of the proposed recreational trail. The information filed under this subdivision must identify the following:

(A) The properties for which the responsible party has secured the legal right to use as a recreational trail.

(B) The properties for which the responsible party has not, at the time of the filing, secured the legal right to use as a recreational trail.

(2) The name and address of the responsible party. If the responsible party is not an individual, the following information about the responsible party must also be included:

(A) If the responsible party is a governmental entity, the following:

(i) The name and address of the individual or body responsible for the administration of the governmental entity.

(ii) The name, address, and head of any agency of the governmental entity that will be responsible for the operation of the recreational trail.

(B) If the responsible party is a corporation of any kind, the officers of the corporation and the address at which legal documents for the corporation may be served.

(C) If the responsible party is a partnership of any kind, the names and addresses of all of the partners.

(D) If the responsible party is any other kind of entity, the name and address of each individual who satisfies the following:

(i) The individual belongs to or is affiliated with the entity.

(ii) The individual has some responsibility for the organization or governance of the entity.

(3) A project concept statement for the recreational trail, including a location map, cross-section, and sketch of the project, detailed enough to generate project cost estimates. The proposed project is not required to be designed before filing, but the concept must be reasonable from a transportation engineering standpoint and detailed enough to generate project cost estimates.

(4) An environmental impact statement, if required by law.

(5) An itemized cost estimate for the total project showing for each item the cost and funding source.

(6) Expenses, including personnel costs, costs of goods and services, contractual services, equipment, utilities, travel, and taxes. The information provided under this subdivision must specifically show expenses for:

(A) trail security;

(B) fencing;

(C) maintenance; and

(D) drainage.

(7) A trail operation agreement under which the responsible party agrees to operate the recreational trail. The trail operation agreement must provide that the responsible party shall grant easements to persons who own adjacent property on both sides of the recreational trail permitting those persons to cross the trail in a reasonable fashion given the use of the adjacent property. The following may require inclusion of other provisions in the trail operation agreement considered advisable:

(A) The department of natural resources.

(B) The executive of a county if an ordinance of the legislative body of the county is required to authorize the recreational trail under this chapter.

(C) The executive of a municipality if an ordinance of the legislative body of the municipality is required to authorize the recreational trail under this chapter.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.17.

IC 8-4.5-6-4Ordinances for authorization and regulation Sec. 4. (a) After the responsible party completes the filings required by section 3 of this chapter:

(1) if the entire recreational trail is intended to be located within a municipality, the legislative body of the municipality may adopt an ordinance authorizing the recreational trail within the municipality; or

(2) if subdivision (1) does not apply, the legislative body of each county in which the recreational trail is intended to be located may adopt an ordinance authorizing the recreational trail within the county.

(b) A recreational trail is not authorized until both of the following occur:

(1) One (1) of the following applies:

(A) If the entire recreational trail is intended to be located in a municipality, the legislative body of the municipality adopts an ordinance under subsection (a)(1).

(B) If clause (A) does not apply, the legislative body of each county in which the recreational trail will be located adopts an ordinance under subsection (a)(2).

(2) The department of natural resources approves establishment of the recreational trail.

(c) The legislative body of a municipality or a county may adopt ordinances to regulate the use or operation of the recreational trail.

(d) The department of natural resources may do the following:

(1) Amend the approval given under subsection (b) to regulate the use or operation of the recreational trail.

(2) Authorize a county or a municipality to repeal an ordinance adopted under subsection (b) to revoke authorization of the recreational trail if the responsible party substantially breaches the trail operation agreement.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-6-5Liability for injury Sec. 5. (a) A property owner has no duty of care to any person who is using a recreational trail.

(b) This section does not relieve a property owner from liability for injury that is a direct result of the property owner's:

(1) own use of a recreational trail; or

(2) gross negligence or willful or wanton misconduct.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-6-6Erection of fence Sec. 6. At the request of a property owner, the responsible party (including a governmental entity), at the responsible party's expense, shall do the following:

(1) If the responsible party is not a governmental entity, either:

(A) post a bond in an amount sufficient to satisfy the responsible party's obligation to erect the fences requested under this section; or

(B) establish an escrow account with a financial institution or a person selected by mutual agreement with a property owner that contains sufficient money to erect the fences requested under this section.

The terms of the escrow agreement described in clause (B) must require that the money in the account be dedicated to the provision of the fences requested under this section with the surplus to be returned to the responsible party. The responsible party may post a single bond or establish a single escrow account to provide fences for more than one (1) property owner.

(2) Erect and maintain fencing between the recreational trail and the property owner's property. The fencing must be in accordance with current fencing standards of the Indiana department of transportation for urban or rural settings, as appropriate to the location of the recreational trail.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.18.

IC 8-4.5-6-7Determination by governmental entity Sec. 7. A governmental entity shall determine that the requirements for approval of a recreational trail under this chapter have been satisfied before the governmental entity may do either of the following:

(1) Participate in the operation of a recreational trail.

(2) Spend or grant money under its control for a recreational trail.

As added by P.L.40-1995, SEC.3.

IC 8-4.5-7Chapter 7. ExpiredExpired 6-30-2020 by P.L.83-2017, SEC.1.

IC 8-5ARTICLE 5. COMMUTER RAILWAYS

Ch. 1.Interurban Railroads Ch. 2.Repealed Ch. 3.Repealed Ch. 4.Repealed Ch. 5.Repealed Ch. 6.Repealed Ch. 7.Repealed Ch. 8.Repealed Ch. 9.Repealed Ch. 10.Repealed Ch. 11.Repealed Ch. 12.Repealed Ch. 13.Repealed Ch. 14.Repealed Ch. 15.Commuter Transportation Districts

IC 8-5-1Chapter 1. Interurban Railroads

8-5-1-1Powers and duties; enumeration 8-5-1-2Crossings; construction 8-5-1-3Crossings; maintenance