H.E.A. 1260, P.L. 146
Effective: July 1, 2017
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 to file an appeal bond.
The full law is available at: https://iga.in.gov/legislative/2017/bills/house/1260