§ 36-9-23-14 — Condemnation; authority; security for damages to owner from failure to accept and pay for property; purchase or condemnation of existing works; option or contract; repair estimate

(a) A municipality may, in the manner
prescribed by IC 32-24, condemn:
(1) sewage works; and
(2) any land, easements, franchises, and other property it
considers necessary for the construction of sewage works or for
improvements to sewage works.
However, the municipality may pay for any property condemned or
purchased only from money provided under this chapter.
(b) In any proceedings to condemn, orders that are just to the
municipality and to the owners of the property to be condemned may
be made. An undertaking or other security securing the property
owners against any loss or damage resulting from the failure of the
municipality to accept and pay for the property may be required, but the
undertaking or security imposes liability upon the municipality only in
the amount that may be paid from money provided under this chapter.
(c) If the board wants to purchase sewage works, it may obtain and
exercise an option for the purchase of the works, or may enter into a
contract for the purchase in the manner and under the terms and
conditions that it considers proper.
(d) If the board wants to purchase or condemn sewage works already
constructed, it must, at or before the time of adoption of the ordinance
authorizing the acquisition, determine what repairs, replacements,
additions, and other actions are required to make the works effective
for their purpose. An estimate of the cost of these actions shall be
included in the estimate of cost made under section 11 of this chapter.
These actions shall be taken upon the acquisition of the works, as a part
of the cost of the acquisition.
[Pre-Local Government Recodification Citation:
19-2-5-8.]
As added by Acts 1981, P.L.309, SEC.96. Amended by
P.L.2-2002, SEC.122.