1. (a) A right-of-way is not considered abandoned if the following conditions are met:

   1. (1) The railroad sells the railroad's rights in the right-of-way before abandoning the right-of-way.
   2. (2) The purchaser of the railroad's rights in the right-of-way is not a railroad.
   3. (3) The purchaser purchases the right-of-way for use by the purchaser to transport goods or materials by rail.

2. (b) A railroad may discontinue rail service on the right-of-way without abandoning the right-of-way.

   [Pre-2002 Recodification Citation: 32-5-12-8.]

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