Indiana Code 8-6-7.7-3.2. Petition for closure; public hearing; determination and findings by unit
Terms Used In Indiana Code 8-6-7.7-3.2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means an individual, a firm, a limited liability company, a corporation, an association, a fiduciary, or a governmental entity. See Indiana Code 8-6-7.7-1.1
(c) If the unit determines that:
(1) the crossing meets the criteria for closure adopted by the Indiana department of transportation under section 3.1 of this chapter; and
(2) a compelling reason has been shown to exist for the crossing to remain open;
the unit may deny a petition to close the crossing. The unit shall provide a copy of the unit’s findings to the Indiana department of transportation.
(d) If the unit determines that the crossing does not meet the criteria for closure adopted by the Indiana department of transportation and section 3.1 of this chapter, the unit may deny a petition to close the crossing.
(e) A unit and a railroad may agree to close a crossing within the jurisdiction of the unit. The unit must conduct a public hearing before agreeing to the closure of the crossing. Notice of the public hearing must be provided under section 3.5 of this chapter.
As added by P.L.81-1996, SEC.7. Amended by P.L.198-2016, SEC.71; P.L.49-2024, SEC.3.