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Ind. Code § 32-23-11-10

Abandoned interest to vest in fee owner

Applied in 2 court decisions — leading case 97 Fed. Cl. 708 - Macy Elevator, Inc. v. United States (2011)

Most recently applied in 100 Fed. Cl. 230 - Howard v. United States (May 2011)

As added by P.L.2-2002, SEC.8.

Sec. 10. (a) This section applies if a railroad does not own the right-of-way fee.

(b) If a railroad abandons its right to a railroad right-of-way, the railroad's interest vests in the owner of the right-of-way fee with a deed that contains a description of the real property that includes the right-of-way.

(c) If a deed described in subsection (b) does not exist, then the railroad's interest vests in the owner of the adjoining fee. The interest of the railroad that vests in the owner of the adjoining fee is for the part of the right-of-way from the center line of the right-of-way to the adjoining property line.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.