Abandoned right-of-way
Sec. 6. (a) Except as provided in subsection (b) and in sections 7
and 8 of this chapter, a right-of-way is considered abandoned if any
of subdivisions (1) through (3) apply:
(1) Before February 28, 1920, both of the following occurred:
(A) The railroad discontinued use of the right-of-way for
railroad purposes.
(B) The rails, switches, ties, and other facilities were
removed from the right-of-way.
(2) After February 27, 1920, both of the following occur:
(A) The Interstate Commerce Commission or the United
States Surface Transportation Board issues a certificate of
public convenience and necessity relieving the railroad of
the railroad's common carrier obligation on the right-of-way.
(B) The earlier of the following occurs:
(i) Rails, switches, ties, and other facilities are removed
from the right-of-way, making the right-of-way unusable
for continued rail traffic.
(ii) At least ten (10) years have passed from the date on
which the Interstate Commerce Commission or the United
States Surface Transportation Board issued a certificate of
public convenience and necessity relieving the railroad of
its common carrier obligation on the right-of-way.
(3) The right-of-way was abandoned under the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
(b) A right-of-way is not considered abandoned if:
(1) rail service continues on the right-of-way; or
(2) the railroad has entered into an agreement preserving rail
service on the right-of-way.
As added by P.L.2-2002, SEC.8.
Last modified: May 24, 2006