Section 8-4.5-4-4 - Factors to be considered In determining whether the state should acquire any part of a railroad's interest in a corridor, the Indiana department of transportation shall consider the following factors:
(1) The potential for future use of the railroad's interest in the corridor as a freight or high-speed passenger rail line, considering the following:(A) The potential need for use of the railroad's interest in the corridor for future transportation purposes.(B) The cost of maintaining the railroad's interest in the corridor during any time before the future transportation use will begin.(C) The effect of any interim use and the future transportation use of the railroad's interest in the corridor on property owners.(D) Any relevant requirement of any federal law.(E) Any other factor the department considers relevant.(2) Based on the recommendation of the department of natural resources, the potential for recreational use of the railroad's interest in the corridor considering the following: (A) The recreational value of the railroad's interest in the corridor.(B) The feasibility of using the railroad's interest in the corridor for recreation.(C) The likelihood that there may be significant recreational use of the railroad's interest in the corridor if the railroad's interest in the corridor is converted to a trail.(D) The general acceptability of the proposed recreational use of the railroad's interest in the corridor to property owners and the community at large.(E) The existence of a willing person, whether public or private, to operate the railroad's interest in the corridor for the proposed recreational use.(F) Any relevant requirement of any federal law.(G) Any other factor the department considers relevant.(3) The potential for the use of the railroad's interest in the corridor for communications or utility use.(4) Whether there are funds to acquire the railroad's interest in the corridor.Amended by P.L. 164-2020,SEC. 27, eff. 7/1/2020.As added by P.L. 40-1995, SEC.3. Amended by P.L. 158-1999, SEC.9.