§ 13-26-5-6 — Eminent domain

Indiana § 13-26-5-6

• Jurisdiction: Indiana
• Art. 26: REGIONAL WATER, SEWAGE, AND SOLID
• Ch. 5: Powers and Duties of Regional Districts

Text

(a) Subject to subsections (b) and (c), the board
may condemn for the use of the district public or private land,
easements, rights, rights-of-way, franchises, or other property within or
outside the district required by the district for the accomplishment of
the district's purposes according to the statutory procedure for the
appropriation of land or other property taken by an eligible entity.
(b) The power of condemnation by a district under this article may
not be exercised against a sewage disposal company holding a
certificate of territorial authority under IC 8-1-2-89 until the expiration
of twelve (12) years after the granting of the certificate of territorial
authority.
(c) If the board of a regional sewage district exercises eminent
domain to acquire an easement or right-of-way within or outside the
district required by the district for the accomplishment of the district's
purposes, the easement or right-of-way may not exceed fifty (50) feet
in width.
[Pre-1996 Recodification Citation: 13-3-2-14.]

Legislative History

As added by P.L.1-1996, SEC.16. Amended by P.L.123-2011, SEC.2.