IC 8-3-5-1: Application; public use

Sec. 1. The following may adopt the provisions of IC 8-4-1 for condemning real estate:

(1) Before July 1, 2017, any railroad company organized under Indiana statutes but not under IC 8-4-1.

(2) After June 30, 2017, a rail carrier (as defined in 49 U.S.C. 10102(5)) that is:

(A) incorporated in Indiana; or

(B) a foreign corporation, partnership, or limited liability company authorized to do business in Indiana.

However, nothing in this section contained shall be deemed or held to authorize such entities to condemn for any purpose that is not a public use authorized by its charter, but such entity adopting the provisions of that chapter shall not condemn more, or for any purpose than as authorized as a public use by its charter; neither shall such entity be deemed to have surrendered or abandoned its charter by condemning real estate as authorized in this section.