Ind. Code ch. 5-1.3-3

Ind. Code ch. 5-1.3-3
in effect

Ind. Code § 5-1.3-3-1 Contracting; authorization

Sec. 1. (a) The IFA may contract with the NWIRDA or the NICTD for construction, ownership, maintenance, and operation of rail projects. (b) The NWIRDA may contract with the NICTD for construction, ownership, maintenance, and operation of rail projects. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-2 Financing; authorization

Sec. 2. The IFA and the NWIRDA may finance rail projects in accordance with this article. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-3 Cooperative efforts; authorization

Sec. 3. (a) The IFA may exercise any powers provided under this article in participation or cooperation with any governmental entity, including the NWIRDA, the NICTD, a unit, or a political subdivision, and enter into any contracts to facilitate that participation or cooperation. (b) The NWIRDA may exercise any powers provided under this article in participation or cooperation with any governmental entity, including the IFA, the NICTD, a unit, or a political subdivision, and enter into any contracts to facilitate that participation or cooperation. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-4 Authorized payment; sources of money

Sec. 4. (a) The IFA may pay or reimburse the cost of construction of a rail project or of owning or leasing a rail project from any money available to the IFA under this article or any other law, including, without limitation, the proceeds of notes and bonds, grant proceeds from the federal government, state appropriations, money on deposit in the next generation trust fund established under IC 8-14-15.2, and state or local revenues from the IFA, NWIRDA, NICTD or any political subdivision. (b) The NWIRDA may pay or reimburse the cost of construction of a rail project or of owning or leasing a rail project from any money available to the NWIRDA under this article or any other law. (c) The NICTD may pay or reimburse the cost of construction of a rail project or of owning or leasing a rail project from any funds available to the NICTD under this article or any other law. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-5 Property transactions; general authorization

Sec. 5. The IFA, the NWIRDA, or the NICTD may sell, transfer, lease as lessor, or otherwise convey any land, rights-of-way, property, rights, easements, or legal or equitable interest the IFA, the NWIRDA, or the NICTD considers necessary or convenient for carrying out the provisions of this article, including disposal of unused or surplus property. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-6 Property transactions involving a rail project; authorization

Sec. 6. The IFA, the NWIRDA, or the NICTD may acquire by purchase, whenever the IFA, the NWIRDA, or the NICTD considers a purchase expedient, or lease as lessee, any land, rights-of-way, property, rights, easements, or other legal or equitable interests as the IFA, the NWIRDA, or the NICTD considers necessary or convenient for the construction and operation of any rail project. A purchase or lease under this section shall be made upon the terms and at the price agreed upon between the purchaser or lessee, the IFA, and the property owner. The purchaser shall take title to the property, unless the purchaser is the IFA, in which case the IFA shall take title to the property in the name of the state. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-7 Contracting; authorization

Sec. 7. The IFA, the NWIRDA, or the NICTD (each entity referred to in this section as the "contracting party") may make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the contracting party and may be for any term of years and contain any terms that are considered reasonable by the contracting party. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-8 Grants; authorization

Sec. 8. The IFA, the NWIRDA, or the NICTD (each entity referred to in this section as the "grantee") may receive and accept from any federal or state agency grants for or in aid of the construction of any rail project and repay any grant to the grantee from a federal agency if the repayment is necessary to free the grantee from restrictions that the grantee determines to be in the public interest to remove, or otherwise required by the terms of the grant. Any repayment under this section shall be made from funds available to the grantee at the time the repayment is required and shall be made in a way that does not impair any contract between the grantee and the owners of its bonds or notes or any lease of the grantee. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-9 Gifts; authorization

Sec. 9. The IFA, the NWIRDA, or the NICTD may accept gifts, devises, bequests, grants, appropriations, revenue sharing, other financing and assistance, and any other aid from any source and agree to and comply with conditions attached to the aid. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-10 Transfers of rail projects; authorization

Sec. 10. The IFA, the NWIRDA, or the NICTD may accept the transfer of any rail project to it. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-11 Eminent domain; authorization

Sec. 11. The IFA, the NWIRDA, or the NICTD may: (1) in the manner provided by IC 32-24; or (2) as otherwise required for a railroad federal aid project funded in any part under 49 U.S.C. 103, et seq.; acquire by appropriation any land, rights-of-way, property, rights, easements, or other legal or equitable interests necessary or convenient for the construction or the efficient operation of any rail project. However, compensation for the property taken shall first be made in money as provided by IC 32-24 or as otherwise required for a railroad federal aid project funded in any part under 49 U.S.C. 103, et seq. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-12 Lease or transfer of property without competitive bidding; authorization

Sec. 12. (a) The state, acting through the governor, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the state, to the IFA, without being required to advertise or solicit bids or proposals, in order to accomplish the governmental purposes of this article. (b) A unit, acting through the unit's executive, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the unit, to the IFA, without being required to advertise or solicit bids or proposals in order to accomplish the governmental purposes of this article. (c) A political subdivision, acting through the political subdivision's legislative body, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the political subdivision, to the IFA, without being required to advertise or solicit bids or proposals in order to accomplish the governmental purposes of this article. (d) The NICTD, acting through its board of trustees, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the NICTD, to the IFA, without being required to advertise or solicit bids or proposals in order to accomplish the governmental purposes of this article. (e) The NWIRDA, acting through its board, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the NWIRDA, to the IFA, without being required to advertise or solicit bids or proposals in order to accomplish the governmental purposes of this article. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-13 Exemption from taxation

Sec. 13. All property of the IFA, the NWIRDA, or the NICTD constituting a rail project is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes and special assessments of the state or any political subdivision. As added by P.L.189-2018, SEC.26.

Ind. Code § 5-1.3-3-14 Exemption from public purchasing and public works statutes

Sec. 14. (a) Notwithstanding IC 36-7.5-2-8, the NWIRDA and the NICTD may utilize and may comply with the provisions of: (1) IC 5-16; (2) IC 5-23; (3) IC 5-30; (4) IC 5-32; (5) IC 36-1-12; or (6) any combination of the statutes listed in subdivisions (1) through (5) as determined by the NWIRDA or the NICTD, whichever is appropriate; when financing, acquiring and constructing a rail project under this article. (b) The NWIRDA and the NICTD may contract to finance, acquire, and construct a rail project in accordance with this section. As added by P.L.189-2018, SEC.26.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026

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