Abandoned interest to vest in fee owner

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.

[Pre-2002 Recodification Citation: 32-5-12-10.]

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