§ 14-27-6-34 — Eminent domain powers; land already in public use

Indiana § 14-27-6-34

• Jurisdiction: Indiana
• Art. 27: LEVEES, DAMS, AND DRAINAGE
• Ch. 6: Levee Authority in Vanderburgh County

Text

(a) This section applies to land or the surface
of the ground on, over, and across which it is necessary or advisable to
construct a levee as provided in this chapter that:
(1) is already in use for any other public purpose; or
(2) has been condemned or appropriated for a use authorized by
statute and is being used for that purpose by the corporation
appropriating the land or surface of the ground.
(b) The public use or prior condemnation does not bar the right of
the board to condemn the use of the ground for levee purposes.
(c) The use by the board does not permanently prevent the use of the
land or the surface of the ground:
(1) for the prior public use; or
(2) by the corporation previously condemning or appropriating the
land or surface of the ground.
(d) In a proceeding prosecuted by the board to condemn the use of
land or the surface of ground for purposes permitted by this chapter, the
board must show that the board's use will not permanently or seriously
interfere with:
(1) the continued public use of the land or surface of ground; or
(2) the corporation previously condemning the land or surface or
the corporation's successors.
However, in a proceeding the board may require and enforce the
removal or the burying beneath the surface of the ground of wires,
cables, power lines, or other structures within a restricted zone
established as provided in this chapter.
[Pre-1995 Recodification Citation: 13-2-31-18(b).]

Legislative History

As added by P.L.1-1995, SEC.20.