Sec. 20. (a) This section does not apply to a county.

(b) If the track of a railroad, an interurban, or an interurban street railroad occupies part of a street that is ordered improved under this chapter, the works board may, on petition of the railroad, provide in the plans and specifications for the improvement for a different material and plan of construction for the part of the street occupied by the railroad.

(c) If the railroad is bound by contract to improve or pay the cost of improving the part of the street occupied by the railroad, the railroad is entitled to construct all of that part of the improvement if the railroad does the following:

(1) Elects to do so by written notice filed as follows:

(A) With the works board or other department of the unit having power to order the improvement.

(B) At any time before the adoption of the final resolution or ordinance providing for the improvement.

(2) On request of the works board or other department of the unit, files with the board or other department a bond in the amount and with the surety required by the works board or other department. The bond must be conditioned on the railroad's improvement of that part of the street:

(A) according to the plans and specifications;

(B) within the required time; and

(C) to the satisfaction of the engineer of the unit in charge of the work.

(d) The works board may issue a written improvement order requiring a railroad, an interurban, or an interurban street railroad to comply with IC 8-6-12.

As added by P.L.98-1993, SEC.7.