IC 8-4.5-4-6: Acquisition

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.