Indiana Code Title 8. Utilities and Transportation § 8-4.5-4-6

(1) a determination is made under this chapter to acquire the railroad's interest in the corridor;  and

(2) money is available in the fund;

(1) the public utility is occupying and using all or part of the railroad's interest in that corridor for the location and operation of its facilities;  or

(2) the public utility has acquired an interest for use of all or part of the railroad's interest in the corridor.