George N. Clark et al. CSX Transportation, Inc.

Filed in August 1993, this case is pending in Hamilton County Superior Court 3 before Judge William J. Hughes. This case was filed as a statewide class action case and was certified as such on June 6, 1994. Class Notices were mailed to potential class members on August 1, 1998. On January 6, 1999 Judge William Hughes issued an order on the quiet title claim involving a subclass of persons owning property in the Carmel, Indiana area. An appeal is pending before the Indiana Court of Appeals regarding that ruling.

On January 18, 2002, Judge William J. Hughes preliminarily approved a settlement in the above case.  This settlement encompasses approximately 609 miles of abandoned CSX railroad corridors in the State of Indiana.

Notice of the settlement was mailed out in May 2002 to all owners of property adjoining the abandoned CSX railroad corridors involved in this Settlement. Notice was also published in newspapers of general circulation in the counties where the abandoned railroad corridors are located. A copy of the published notice and order was also sent to the Clerk of each county in which the abandoned railroad corridors are located. Judge Hughes held the hearing for final approval on July 25, 2002 at 9:00 a.m. in the Hamilton County Superior Court 3, Noblesville, Indiana. Judge Hughes gave final approval to this settlement on July 25, 2002. The Settlement Center has completed the processing of claims. All qualified claims have been paid.

 

The Declaratory Judgments have been issued for each county. The Declaratory Judgments have been filed with the Clerk of the respective County and are also be available from this web site (see below).

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Source Instrument Determination List - October 6, 2003

Declaratory Judgments

Boone County - November 26, 2003

Carroll County - November 26, 2003

Cass County - November 26, 2003

Clark County - November 26, 2003

Clay County - November 26, 2003

Clinton County - November 26, 2003

Delaware County - November 26, 2003

Fulton County - November 26, 2003

Gibson County - December 5, 2003

Grant County - November 26, 2003

Greene County - November 26, 2003

Hamilton County - October 13, 2003

Hendricks County - November 26, 2003

Henry County - November 26, 2003

Jefferson County - November 26, 2003

Jennings County - November 26, 2003

Lake County - November 26, 2003

LaPorte County - November 26, 2003

Lawrence County - November 26, 2003

Marion County - November 26, 2003

Miami County - November 26, 2003

Monroe County - November 26, 2003

Orange County - November 26, 2003

Owen County - November 26, 2003

Parke County - November 26, 2003

Porter County - November 26, 2003

Posey County - November 26, 2003

Pulaski County - November 26, 2003

Putnam County - November 26, 2003

Randolph County - November 26, 2003

Starke County - November 26, 2003

Scott County - November 26, 2003

Vanderburgh County - November 26, 2003

Vermillion County - November 26, 2003

Vigo County - November 26, 2003

Wayne County - November 26, 2003

White County - November 26, 2003

Settlement Documents

Settlement Agreement filed January 18, 2002

 

List of Settlement Corridors (Exhibit A to Settlement Agreement)

Court Orders and Prior Court Notices

Final Order and Judgment  July 25, 2002

 

Order Preliminarily Approving Class Action Settlement  January 18, 2002

Order remanding jurisdiction to trial court for consideration of settlement – January 14, 2002

Order to Quiet Title  January 6, 1999

Official Notice of Class Action (mailed to Landowners on August 1, 1998)

Press Releases

Indiana Court Approves $7 Million Landowner Class Settlement – January 23, 2002